Can a complaint be dismissed pursuant to section 27(1)(d)(ii) of the Criminal Code?
British Columbia, Canada
The following excerpt is from Moores v. ICL Performance Products Canada and others (No. 2), 2016 BCHRT 115 (CanLII):
The respondents claim that proceeding with the complaint will not further the purposes of the Code as the respondents have responded appropriately to the complaint, and, on that basis, the complaint should be dismissed pursuant to section 27(1)(d)(ii). The respondents point to the cases of Horner v. Concord Security Corporation, 2003 BCHRT 86 at paras. 30-32 and Wilkie v. ICBC, 2005 BCHRT 318 at paras. 4-6 for the proposition that complaints may be dismissed under section 27(1)(d)(ii) where the respondent has responded appropriately to the complaint.
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