What is the test for making an application to amend a complaint?

Rule 24(4) of the Tribunal’s Rules of Practice and Procedure (formerly Rule 25(4)) requires that an application to amend a complaint must be made if there is an outstanding application to dismiss relating to the complaint. The purpose of the Rule is to avoid presenting the respondent with a moving target in its application to dismiss. (see Pausch v. School District No. 34 and others, 2008 BCHRT 154, (at paras. 28 and 29)). As no application to amend has been filed, I decline to consider any additional allegations that have been referred to by the Songs in their response, except where the allegations may provide context to the allegations made in the complaint. Confidentiality