Apply to Dismiss a Complaint
Read the Case Path Pilot before you apply to dismiss a complaint. It sets new requirements.
Before applying to dismiss a complaint, 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 made a reasonable settlement offer
- DA8 Parties settled the complaint
- DA9 Complaint against individual should not proceed
- DA10 Proceeding would not further the purposes of the Human Rights Code (Other)
- DA11 Complaint made for improper purposes or in bad faith
- DA12 Complaint appropriately dealt with in another proceeding
- DA13 Complaint filed after the time limit
Time Limit and Restrictions for Complaints
Before you apply to dismiss a complaint, you must disclose all documents that may be relevant to the complaint or response to the complaint. You can apply to suspend or limit disclosure. There is a limited exception for applications to dismiss a complaint against individual respondents.
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. There is also a limited exception for applications to dismiss a complaint against individual respondents.
There are two ways to apply to dismiss a complaint
- Sign into the Case Access Centre and select a new dismissal application and submit the form online
- Complete a Form 7.2 – Dismissal Application and send it to the Tribunal’s email or office address
Make sure the other participants have a copy of your application
- Send them a copy to their address for delivery or
- If you know that they use the Case Access Centre, send them an email to tell them that there is a new application in the “active application section” of the Case Access Centre.