For the Tribunal to dismiss a complaint under s. 27(1)(e) of the Code, you must show:
The complaint was filed for improper motives or was made in bad faith.
It is difficult to prove a complaint was filed for improper motives or made in bad faith. These applications are rarely successful, because the Tribunal requires objective information to support them, and a respondent must meet a high standard to persuade the Tribunal to dismiss a complaint on this basis.
Even if the respondent’s information supports the allegation of improper motives or bad faith, a hearing may be necessary to test that evidence.
It is not enough for a respondent to present a different version of the facts and argue that the complainant is lying or is in error, or to show that the complainant has a negative attitude towards the respondent.
A respondent must provide enough information to satisfy the Tribunal that:
Examples of information the Tribunal has considered are: