Can a complainant amend their complaint in the midst of an application to dismiss?
British Columbia, Canada
The following excerpt is from Hawknes v. Vancouver Public Library (No. 2), 2017 BCHRT 250 (CanLII):
Under the Tribunal’s Rules of Practice and Procedure, a party is required to file an application to amend their complaint in the midst of an application to dismiss: Rule 24(4)(b). This ensures that the process is fair and the respondent is not required to face a moving target: Pausch v. Abbotsford School District No. 34, 2008 BCHRT 154 at para. 28. A complainant is not precluded from including new particulars of their complaint in a response to an application to dismiss. In fact, one can reasonably expect that as a complaint matures, and disclosure processes are completed, the parties will come forward with more and better evidence to support their positions.
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