For the Tribunal to dismiss a complaint under s. 27(1)(d)(ii) of the Code on the basis of a reasonable settlement offer, you must show:
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 makes a reasonable settlement offer that is open for the complainant to accept.
The respondent must persuade the Tribunal that, as a result of its offer, it would not further the purposes of the Code to proceed with the complaint, taking into account the preventative and remedial purposes of the Code, as well as the importance of encouraging respondents to take appropriate remedial action in response to human rights complaints.
The offer must state that it is “with prejudice” and it must remain open for acceptance even if the complaint is dismissed under s. 27(1)(d)(ii).
Information the Tribunal will consider in assessing whether a settlement offer is reasonable: