A Complainant can withdraw their complaint at any time before the beginning of a hearing. Withdrawing a complaint ends the complaint process. A withdrawal can be done in a few different ways:
- in writing (email or letter)
- verbally (by telling Commission staff)
- by signing a Notice of Withdrawal Form
- by failing to participate in the complaints process
We expect the parties to participate in the human rights complaint process. It is your responsibility to provide us with your up-to-date contact information. You must also answer our questions and/or requests for information. Failing to participate (by not responding) tells the Commission that you no longer want to continue with your complaint.
The Commission makes reasonable attempts (usually 2-3 times) to contact you before a complaint is withdrawn for a failure to participate. We attempt to contact you using your preferred or usual method of communication.
The Commission notifies the parties that the complaint is withdrawn. The complaint is closed and cannot be re-opened, unless there are extraordinary circumstances. The decision to re-open a complaint is at the sole discretion of the Commission. Extraordinary circumstances may include:
- a reasonable explanation why you did not contact us
- the length of time it took you to contact the Commission after the complaint was closed
- the prejudice suffered by the Respondent if the complaint was re-opened
- any other relevant factors