Is a preliminary dismissal of a complaint under s. 27(1) discretionary?
British Columbia, Canada
The following excerpt is from Peters v. Accenture Business Services (No. 2), 2010 BCHRT 55 (CanLII):
I note, however, that the power to dismiss a complaint on a preliminary basis under s. 27(1) is discretionary. The question of whether an application to dismiss should be considered at all is also discretionary. The discretionary nature of the power is made clear by the language of s. 27(1), in stating that "a member or panel may ... dismiss all or part of a complaint". (See Workers’ Compensation Board v. British Columbia (Human Rights Tribunal), 2010 BCCA 77, para. 38; Yue v. District of Maple Ridge, 2008 BCHRT 379, paras. 22-24).
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