For the Tribunal to dismiss a complaint under s. 27(1)(d)(ii) of the Code on the basis that the parties have settled complaint, you must show:
It would not further the purposes of the Code to proceed with the complaint because there is a valid settlement agreement intended to release the respondent from liability regarding the complaint.
If there is a valid settlement, the Tribunal will presume that it would not further the purposes of the Code to proceed to a hearing of the complaint. Therefore, the complainant must show why the complaint should proceed, despite the settlement.
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, including if the parties have reached a settlement agreement that deals with the complaint.