What notice must be given to a complainant before a complaint is dismissed at the BC Human Rights Tribunal?

British Columbia, Canada


The following excerpt is from Elmont v. Kootenay Honda and others, 2007 BCHRT 312 (CanLII):

As noted by the Tribunal in Rogozin v. Benryk Mews Housing Cooperative, 2005 BCHRT 380, s. 27.5 requires that notice be given to a complainant before a complaint is dismissed for not being diligently pursued. The procedure by which this is done is outlined in the Tribunal’s Rules of Practice and Procedure, at Rule 4(4) to (6), in the following manner: (4) If a complainant fails to respond to communications from the tribunal or otherwise fails to pursue the complaint, the tribunal will notify the complainant at the complainant's address for delivery requiring the complainant to diligently pursue the complaint. (5) The notice will advise the complainant that a member may dismiss the complaint for failing to diligently pursue the complaint unless the complainant responds to the notice within the time allowed by the tribunal. (6) If the complainant does not respond to the tribunal's notice within the time allowed by the tribunal, a member may dismiss the complaint.

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