What is the test for dismissing a complaint?

British Columbia, Canada


The following excerpt is from Schodra v. Vancouver Axle & Frame and Miller, 2009 BCHRT 173 (CanLII):

The respondents argue that the complaint should be dismissed on the basis that they have already responded appropriately to the complaint, citing Horner v. Concord Security Corporation, 2003 BCHRT 86, paras. 30-32. However, there is nothing in the materials before me which provides any basis for a finding that the respondents responded appropriately to the issues raised in the complaint, and the respondents do not point to any such information in their application.

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