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    Put a complaint on hold (Defer complaint)

    Information Sheet GA 2

    This information sheet gives you information you need to apply to put a complaint on hold.

    The legal term is “defer the complaint”. This means that the parties do not need to deal with the complaint for a period of time.

    This information sheet tells you:

    Two legal tests for putting a complaint on hold

    There are two legal tests.

    One applies if you want the Tribunal to wait for another proceeding that can deal with the complaint to finish.

    The other applies if you want the Tribunal to wait for other reasons.

    Legal test: wait for another proceeding to finish

    Section 25 of the Human Rights Code lets the Tribunal wait for another proceeding to finish. The legal term is “defer the complaint”.

    You must show three things:

    1. The other proceeding has the power to deal with human rights issues

      Examples:
      A grievance proceeding has the power

      Employment Standards does not have the power

      Residential Tenancy Branch does not have the power

      Note:
      If you want the complaint put on hold for a proceeding that does not have the power to deal with human rights, apply under the other test, set out below.

    2. The other proceeding will deal with the same issue as in the complaint
    3. It would be fair to put the complaint on hold

      Example:
      It may be fair to wait if the grievance proceeding will finish sooner.

    Legal test: other reasons to wait

    Rule 16 of the Tribunal’s Rules let the Tribunal put a complaint on hold.

    You must show 2 things:

    • It would be fair to put the complaint on hold.
    • It would be reasonable to put the complaint on hold.

    Information the Tribunal will consider

    The Tribunal will consider:

    • How long do you want the complaint on hold?
    • How will the wait affect the parties?

    Note about judicial review of a Tribunal decision:

    If a party files a petition for judicial review at BC Supreme Court, the Tribunal process continues. The party must apply to put the complaint on hold. The Tribunal will consider:

    • How will the judicial review affect the complaint?
    • How will the wait affect the parties?