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Frequently Asked Questions
Complaint Process
Due to increased workload, there are delays in the process. The following information is not currently accurate.
- It usually takes about one to two months for the Tribunal to decide if can deal with a complaint.
- If the parties agree to mediate, this usually takes about four months from the time the Tribunal notifies the respondent about the complaint.
- If the parties do not settle the complaint, the respondent responds and the parties exchange documents. This usually takes two to three months.
- If the respondent applies to dismiss the complaint, it usually takes about three months for the Tribunal to decide the application after all the arguments have been made.
- If there is no application to dismiss the complaint or if the Tribunal denies an application to dismiss, the Tribunal schedules a hearing about four to six months later.
- After the hearing, it may take the Tribunal about six months to provide its decision about whether the complaint is justified or dismissed.
The parties can come to a settlement meeting to try to settle the complaint. Otherwise, the respondent makes a written response. The respondent may apply to dismiss the complaint without a hearing. If the complaint is not settled or dismissed, the Tribunal holds a hearing.
If the respondent does not participate, the Tribunal will hold a hearing without the respondent. If the complaint is proved, the Tribunal will order a remedy against the respondent.
It depends on what part of the process you are in.
If you are trying to settle a complaint, you are trying to find a solution that both sides agree to. This is not about whether someone is lying, but about how to fix the problem.
If you are a respondent, you will give your version of the facts in your response to the complaint. You can consider applying to dismiss the complaint without a hearing. However, if you and the complainant disagree about important facts, a hearing may be needed to decide what happened.
If you are a complainant, and you are responding to an application to dismiss the complaint, you will have a chance to comment on what the respondent says.
At a hearing, both parties have a chance to give their own version of the facts, and to challenge the other side’s version by questioning them. This is called “cross-examination”.
No, it is free.
Yes, that is possible. Discuss this with your case manager.
You are responsible for keeping track of your documents. However, if your documents are lost, you can write to the Tribunal and ask for a copy of your file.
No, you can put your response in a letter.