Application to Dismiss Complaint: Proceeding Will Not Benefit the Complainant

Information Sheet DA5

This information sheet tells you:

Legal test: section 27(1)(d)(i) of the Human Rights Code

The respondent must show that dealing with the complaint won’t benefit the complainant.

Section 27(1)(d)(i) of the Human Rights Code says the Tribunal can dismiss a complaint if:

“proceeding with the complaint … would not benefit the person, group or class or persons alleged to have been discriminated against”

More information

Respondents rarely meet this legal test.

If a complainant might get a remedy, then going ahead with the complaint will benefit them.

Sample argument

“I rely on Larsen v. Opel Financial and Investment Group and others (No. 3), 2009 BCHRT 186 at paragraph 22.
The company went out of business 1 year ago. The documents show this. See my affidavit at paragraphs 10-15. See exhibits 1-3. Even if the Tribunal orders a remedy, the complainant cannot collect it. Going ahead won’t benefit the complainant.”