BC Human Rights Tribunal Changes its Process for Applications to Dismiss

Over the last four years, since May 2022, the BC Human Rights Tribunal has used a “case path pilot project” to significantly restrict the opportunity for respondents to apply for dismissal of complaints at an early stage. In general terms, a respondent had to be invited or allowed to apply to dismiss a complaint pursuant to section 27(1) of the Human Rights Code in BC.   

As of May 1, 2026, the Tribunal has changed its process.  Now, respondents will have an opportunity to provide input about an intended application to dismiss before the Tribunal decides whether to allow the respondent(s) to file an application to dismiss.  Respondents will make this request using Form 7.5 – Request to File Dismissal Application.   

This change applies to complaints where the Tribunal has not yet notified the parties about their disclosure requirements. 

See the Tribunal’s website for more information here: Message from the Chair about change for dismissal application practice – BC Human Rights Tribunal.

If you have questions about this topic or any other workplace law issues, feel free to contact Scott J. Marcinkow or any member of our Workplace Law team. You can also stay informed by exploring our most recent blog posts here.