BC Human Rights Tribunal

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.

• A respondent’s argument must not exceed 15 pages.
• A response to the application must not exceed 15 pages.
• A reply argument must not exceed 5 pages.

A party who wants to file a longer argument must first request permission from the tribunal, at least one week before the submission is due.

Argument must be printed clearly or typed in 12-point font with 1.5 line spacing.

If a party files their argument electronically, it must be in one PDF attachment named “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 information you rely on to support your argument. Evidence includes:

• An unsworn statement or sworn affidavit
• Documents such as letters, emails, texts, and photos.

There are no page limits on evidence.

If a party files their evidence electronically, it must be in one PDF attachment named “evidence”.

How to file a submission by email

If you email your submission, attach:

1. one PDF document called “argument”, and
2. 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.