Application to Dismiss Complaint: Format for Dismissal Applications

Information Sheet DA15

This information sheet tells you:


Argument and Evidence

There are two kinds of documents that you can submit: argument and evidence.

Evidence is about what happened. It is where you explain the facts. Your story can be sworn in an affidavit or it can be written out. Evidence also includes any documents that relate to the case. Documents can include things like emails or doctor’s reports.

The Tribunal does not have copies of the documents that you gave to the other side during disclosure. You must include any documents you want the Tribunal to see.

Argument is why you say you should win the case. Say what the law is and explain why that law supports you. You can include your opinion, interpretation, and analysis of the case. You can find information about the law by searching our decisions on CanLII https://www.canlii.org/en/bc/bchrt/.

Page Limits and Format

There are page limits that apply to the arguments each side can make. Those limits are:

Respondent’s application to dismiss complaint: 15 pages

Complainant’s response to the application: 15 pages

Respondent’s final reply: 5 pages

There is no page limit for documents that are submitted as evidence.

It is best to type your argument and any written statement about what happened. If you are typing, you must use 12-point font and 1.5 line spacing. If submitting electronically, attach one PDF document called arguments and a second PDF called evidence.

Asking for More Pages

If you want to submit an argument that is longer than the page limit, you have to ask permission to do so from the Tribunal. This request must be in writing and must be sent at least one week before your documents are due.

The Tribunal will only give permission in exceptional circumstance, for example, because the case is about an unusually complicated issue.

If you file an argument that is longer than the page limit, the Tribunal will reject it and give you one week to fix it.

Other Information

For more information about applications to dismiss a complaint, see the Apply to Dismiss a Complaint page.