General applications
GA2: Put a complaint on hold (defer complaint)
Last updated: January 23, 2024
Page contents
- Overview
- There are two legal tests for putting a complaint on hold
- Information the Tribunal will consider
Overview
This information sheet gives you information you need to apply to put a complaint on hold.
The legal term is “defer the complaint”. This means that the parties do not need to deal with the complaint for a period of time.
Two legal tests for putting a complaint on hold
There are two legal tests.
One applies if you want the Tribunal to wait for another proceeding that can deal with the complaint to finish.
The other applies if you want the Tribunal to wait for other reasons.
Legal test: wait for another proceeding to finish
Section 25 of the Human Rights Code lets the Tribunal wait for another proceeding to finish. The legal term is “defer the complaint”.
You must show three things:
- The other proceeding has the power to deal with human rights issues
- Examples:
- A grievance proceeding has the power
- Employment Standards does not have the power
- Residential Tenancy Branch does not have the power
- Note: If you want the complaint put on hold for a proceeding that does not have the power to deal with human rights, apply under the other test, set out below.
- Examples:
- The other proceeding will deal with the same issue as in the complaint
- It would be fair to put the complaint on hold
- Example: It may be fair to wait if the grievance proceeding will finish sooner.
Legal test: other reasons to wait
Rule 16 of the Tribunal’s Rules let the Tribunal put a complaint on hold.
You must show 2 things:
- It would be fair to put the complaint on hold.
- It would be reasonable to put the complaint on hold.
Information the Tribunal will consider
The Tribunal will consider:
- How long do you want the complaint on hold?
- How will the wait affect the parties?
Note about judicial review of a Tribunal decision:
If a party files a petition for judicial review at BC Supreme Court, the Tribunal process continues. The party must apply to put the complaint on hold. The Tribunal will consider:
- How will the judicial review affect the complaint?
- How will the wait affect the parties?