Complaint process
Dismissal applications
Last updated: July 19, 2024
Information on this page:
- Frequently asked questions about dismissal applications
- What to read before you apply to dismiss a complaint or respond to a dismissal application
- How to make a submission on a dismissal application
Frequently asked questions about dismissal applications
What is a dismissal application?
A dismissal application is a formal request to the Tribunal to dismiss all or part of a complaint before a hearing. A dismissal application must explain why the Tribunal should dismiss the complaint for a reason listed in s. 27(1) of the Human Rights Code. Get more information at What to read before you apply to dismiss a complaint or respond to a dismissal application.
When can a respondent apply to dismiss a complaint?
A respondent can only apply to dismiss the complaint when the Tribunal gives permission.
After the deadline for disclosing documents, the Tribunal reviews the complaint and response to the complaint. The Tribunal decides whether to schedule a hearing or if a dismissal application may further the just and timely resolution of the complaint. See the Case Path Pilot Practice Direction for more information.
How often does the Tribunal dismiss a complaint after a dismissal application?
The Tribunal dismisses the complaint in 50% of dismissal applications, on average. Dismissal applications account for less than 8% of cases closed at the Tribunal, on average.
How long does it take the Tribunal to decide a dismissal application?
Due to current backlogs, it may take the Tribunal one year or more to decide a dismissal application.
What to read before you apply to dismiss a complaint or respond to a dismissal application
Read the Case Path Pilot before you apply to dismiss a complaint. It sets requirements for when and how a respondent may apply to dismiss a complaint. Before applying to dismiss a complaint or responding to a dismissal application, read the Information Sheets about the legal tests for dismissing a complaint without a hearing.
- DA1: Complaint involves a federally-regulated matter
- DA2: Complaint about conduct outside BC
- DA3: Complaint does not allege a contravention of the Human Rights Code
- DA4: Complaint has no reasonable prospect of success
- DA5: Proceeding will not benefit the complainant
- DA6: Respondent provided a remedy
- DA7: Respondent has made a reasonable settlement offer
- DA8: Parties settled the complaint
- DA9: Dismiss complaint against individual
- DA10: Proceeding would not further the purposes of the Code (other)
- DA11: Complaint made for improper purposes or in bad faith
- DA12: Another proceeding dealt with the complaint
- DA13: Complaint filed after the time limit
- DA14: Time limit for filing a dismissal application
- DA15: Format for dismissal applications
Before you apply to dismiss a complaint, you must disclose all documents that may be relevant to the complaint or response to the complaint, whether or not the documents help your case. You can apply to suspend or limit disclosure.
Usually, a respondent may apply only once to dismiss a complaint. There is an exception if new information and circumstances come to the respondent’s attention. See Rule 19(1) and the Case Path Pilot Practice Direction.
How to make a submission on a dismissal application
- Deadline for filing submissions
- Format of submissions and page restrictions
- How to file a submission by email or fax
- How to file a paper copy of a submission
- How to file audio or video evidence
- You must send a copy of your submission to any other party
- What to do if you are having difficulty filing your submission
Deadline for filing submissions
A respondent can only file a dismissal application when the Tribunal gives permission.
The Tribunal will set deadlines for filing submissions on a dismissal application. Materials are due by 4:30 pm on the due date. The Tribunal may reject materials filed after that time. If you need more time, ask the other party to agree and contact the Case Manager about your request.
Format of submissions and page restrictions
A submission has two parts:
1. Argument
Argument contains your arguments about why the complaint should or should not be dismissed before a hearing.
There are Page Restrictions for argument.
A respondent applying to dismiss a complaint must complete a Form 7.2 – Dismissal Application. A respondent can include argument in the form or attach it to the form.
A complainant may submit their argument by letter or create a document called “Response to Dismissal Application”.
2. Evidence
Evidence is the documents and other information you rely on to support your argument. Examples are letters, emails, texts, and photos.
There are no page restrictions for evidence.
How to file a submission by email
If you email your submission, attach:
- one PDF document called “argument”, and
- one PDF document called “evidence”.
The Tribunal will reject other formats.
The Tribunal will not click on Google doc links, Drop Box links, UPS links, or anonymous Adobe links to access documents.
The Tribunal cannot receive compressed, password protected, or encrypted files, or files with extensions including .gz, .piz, .rar, .7z, .tgz, .xz, .z, .zipx .
How to file a paper copy of a submission
You can file your submission by mail, hand, fax, courier, or process server.
How to send audio or video evidence
If you have audio or video evidence, you may deliver a flash drive to the Tribunal’s office with a letter or document that includes the case name and number, your name, and a list of what the flash drive contains.
You must send a copy of your submission to any other party
You must send a copy of a Form 7.2 – Dismissal Application, argument, and evidence to the other party. You can send them a copy to their address for delivery.
For more information, see FAQs about delivering communication to other parties.
What to do if you are having difficulty filing your submission
Call the Case Manager or Indigenous Navigator assigned to the complaint if you are having difficulty filing your submission.