Dismissal applications
DA5: Proceeding will not benefit the complainant
Last updated: January 31, 2024
Page contents
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”
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.”