Time Limit for Filing a Dismissal Application

Information Sheet DA14

Rule 19 of the Tribunal’s Rules of Practice and Procedure sets time limits for applying to dismiss a complaint without a hearing:

  • 70 days from the filing of the response to the complaint
  • 35 days from the date new information or circumstances that forms the basis of the application comes to the respondent’s attention
  • At least 4 months before the date set for the hearing if the basis for the application is the complainant’s refusal to accept a reasonable settlement offer

Conditions for extending time to file a dismissal application

You must show:

  1. The other parties consent to the extension or
  2. Extending the time limit would further the just and timely resolution of the complaint

How to apply to file a dismissal application after the time limit

Completing STEP 3 of the Form 7.2 – Dismissal Application.

Information to include in the application

If the other parties do not consent, you must give a persuasive reason to extend the time limit and convince the Tribunal that allowing the extension is fair in the circumstances.

Factors the Tribunal may consider include:

  • Whether the time for filing the application has passed
  • The reason for the extension
  • The length of extension
  • Whether the respondent had complied with other deadlines
  • Whether the extension would be unfair to the other parties
  • How the extension would affect the complaint process, including whether the extension would delay the hearing