Deferring a complaint means that no further steps will be taken for a period of time or until some other thing happens.
The Tribunal may defer a complaint under section 25 of the Code if another proceeding is capable of appropriately dealing with the substance of the complaint. For the Tribunal to defer a complaint under section 25, you must show three things:
Fairness may include the stage that each proceeding is at and which proceeding is expected to finish first.
The Tribunal may defer a complaint under rule 16 of its Rules of Practice and Procedure for other reasons. You must show 2 things:
The Tribunal will consider how deferring the complaint will affect the parties compared to proceeding with the complaint. Considerations may include:
The Tribunal will consider whether the reasons for the deferral are supported by documents or other information.
For example, if a party cannot proceed due to illness (or other reason), the Tribunal may consider what a doctor’s note says and when it was made.
If there is a judicial review proceeding regarding the complaint, or another proceeding that may deal with at least one issue in the complaint, the Tribunal will consider what effect the proceeding will have on the complaint, including whether it could shorten the complaint process.
Apply to defer a complaint using a General Application.