Pre-Hearing Dismissal of a Complaint

The Ontario Human Rights Commission may decide to dismiss a human rights complaint prior to a hearing where they are of the opinion that the subject matter of the complaint can be more appropriately dealt with under some other provincial statute. In addition, where it appears to the Ontario Human Rights Commission that the complaint is trivial, frivolous or made in bad faith, the complaint can be dismissed by the Commission at the pre-hearing stage of the proceeding.

The Canadian Human Rights Commission may decide not to deal with a complaint that is filed by someone other than the victim of the discriminatory practice, where the victim is not prepared to consent to the complaint being pursued by the Commission. In addition, the Canadian Human Rights Commission may also decide not to proceed with a complaint where it appears that the subject matter of the complaint can be more appropriately dealt with under some other federal statute or where the complaint is trivial, frivolous or made in bad faith.

Should you require legal assistance, please email us at lawyers@grosman.com

...back to Discrimination Law Index