Application to Dismiss Complaint: Complaint Already Remedied

Information Sheet DA6

Conditions for dismissal: section 27(1)(d)(ii) of the Human Rights Code

For the Tribunal to dismiss a complaint under s. 27(1)(d)(ii) of the Code on the basis that the complaint has already been remedied, you must show:

It would not further the purposes of the Code to proceed with the complaint because there has been a remedy for the conduct complained about.

Information about the purposes of the Code

The purposes of the Code are set out in s. 3. They include preventing discrimination, providing remedies for discrimination, and promoting a society without barriers “to full and free participation in the economic, social, political and cultural life of British Columbia.”

The purposes of the Code may be met without a complaint proceeding to a hearing, including if the respondent has taken steps to address the problem that the complaint is about.

Information about when a complaint is remedied

The respondent must have taken the problem seriously and addressed the impact on the complainant. The remedy provided does not need to be exactly what the complainant wanted or would have received if the complaint was successful.

Example of a remedy: A respondent may have promptly investigated a harassment complaint, disciplined the individual involved, and provided education under a human rights policy to prevent further incidents.

Example where no remedy given: A respondent may have investigated a harassment complaint but decided over the complainant’s objection, that no other steps were necessary.

Information the Tribunal will consider includes:

  • How quickly the respondent addressed the problem
  • What steps the respondent took to address the problem
  • Whether the steps were effective in preventing the problem from recurring
  • Whether the steps took into account the seriousness of the problem
  • Whether the steps addressed the impact on the complainant