Filing a Human Rights Complaint is not the same as “suing” someone. When people say they are going to sue someone, they are talking about the civil litigation route. There are various types of courts, like small claims courts and tribunals. The Civil Resolution Tribunal is an example.

“You can bring many civil law disputes for amounts from $5,001 to $35,000 to the BC Provincial Court’s small claims court” – Provincial Court of BC

You don’t need to pay a fee to file a human rights complaint. The Human Rights Tribunal is an administrative body and is court-like, known as “quasi-judicial body”. It is a legal process, and so you are entering an adversarial legal process. You and the school district lawyers aren’t buddies working together to suss out the truth. Every move they make is going to be in the best interest of their clients. (Hint: look for the win-win for both of you)

In a civil process, you risk having to pay the legal fees of the person you filed against if you lose. But in the Human Rights Tribunal process, you don’t take that risk.

On the BC HRT’s website page, they state this:

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Costs in court cases

In court, “costs” has a special meaning. Costs are about the costs of going to court.

In court, the losing side usually pays “costs” to the winning side. The “costs” are usually a part of the winning side’s actual costs.

Costs of going to the Human Rights Tribunal

Unlike in court, parties at the Tribunal pay their own costs. The Tribunal does not order the losing side to pay “costs” to the winning side.

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Does a Human Rights Complaint Cost Anything?

If you are self-represented, the Human Rights Tribunal process can be a free process if you aren’t paying lawyers’ fees. If you do retain a lawyer for the full process of your human rights complaint, it is risky. Lawyers’ fees add up VERY quickly and human rights settlements tend to be low. So you could possibly come out with nothing or even be in the hole. You don’t want to have to pay more money than what you get back. Seeking a pro bono lawyer or getting legal advice at various parts of the way (either paid or through the Human Rights Clinic) and being self-represented can keep your costs low or down to absolutely nothing.)

BUT….

And this is a big BUT, so all eyes on this.

You may have to pay costs IF the respondents file an improper conduct complaint against you and apply for costs, or they can also ask that your human rights complaint be dismissed. They are going to want to frustrate you to the point that you lose your shit, and they hope you start attacking them personally and call them names. If you do this, they have got you. They also like to generally do these things in hopes that you will tire. For some people, it just pisses them off even more, and it puts gas in their gas tank to keep going at the injustice of it all. They just don’t know which group you belong to, and so they will test you to figure it out.

Getting you to lose your shit is an EASY way out for them.

Don’t take the bait.

Here is an example:

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Miremadi v. Fairmont Hotel Vancouver (No. 2), 2023 BCHRT 53

[3]               The Respondent applies to dismiss the Complaint under s. 27(1)(d)(ii) of the Human Rights Code [Code]. The Respondent says that Mr. Miremadi has communicated inappropriately with the Respondent’s legal counsel throughout the proceeding, and that in these circumstances, it would not further the purposes of the Code to proceed with the Complaint. The Respondent says that Mr. Miremadi has repeatedly sent rude, derogatory, and demeaning emails to Respondent’s counsel, targeting her personally, and that in some instances, inappropriate personal comments have been based on her race or ethnicity. The Respondent also says Mr. Miremadi has made serious and baseless allegations against Respondent’s counsel, and has refused to follow the Tribunal’s process and directions to address an issue related to disclosure of documents. If the Tribunal dismisses the Complaint, the Respondent also asks that Mr. Miremadi pay the Respondent $1,000 in costs for improper conduct.

[16]           On April 16, 2020, Respondent’s counsel wrote to the Tribunal to advise that Mr. Miremadi had sent her emails referring to her as an “asshole”, “dirtbag”, and “scumbag”, and telling her to “go to hell”. She attached copies of Mr. Miremadi’s correspondence, and referred to Rule 7(7). She requested that the Tribunal dismiss the Complaint, or at least restrict Mr. Miremadi’s continued involvement in the matter, due to the rude and vulgar language he used.  

199]      Overall, the information before me suggests that any costs award may pose financial hardship for Mr. Miremadi. I considered this factor along with the seriousness of his conduct and the impact on the integrity of the Tribunal’s process. I find that in the circumstances, where Mr. Miremadi’s conduct has led to dismissal of his Complaint, one of (if not the) most significant consequence for a complainant at the Tribunal, an award of costs is not necessary for deterrence in the circumstances.

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There is a lot more to this case, and I suggest you read it in full. There is also a long list of leading cases on the BC HRT on improper conduct applications as well.

Lawyers will often intentionally put the wrong dates in emails, or send confusing emails seeking your response for clarification, report technical difficulties in receiving your files, ignore your emails, consistently ask for extensions, all to make you engage with them in hopes to get information and test how you communicate with them, or in hopes you will get frustrated and blow up at them. They are consistently interested in measuring your emotional capacity. It’s all information to them.

The good thing is, is that you can file an improper conduct on THEM as well.

You will want to read the important info page on this that is posted on the BC HRT website.

Here is a section from that page:

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Improper conduct is conduct that harms the process or the parties.

Conduct can be improper even if the party did not mean to harm the process or the parties.

Usually, the Tribunal will not order costs for minor problems.

Minor problem example:A party files a document late. Usually, this isn’t enough to order costs.

Examples of conduct that may be improper and result in a costs order:

• Treating people in the process badly
  • Being rude or sarcastic during a hearing
  • Badmouthing other parties or Tribunal staff or members
  • Threatening other parties or Tribunal staff or members
  • Being disrespectful to other parties or Tribunal staff or members
• Harming the hearing process
  • Destroying evidence
  • Lying to the Tribunal when giving evidence
• Causing unnecessary cost or delay
  • Refusing to follow a Tribunal order
  • Saying you’ll attend the hearing then not showing up, with no excuse
  • Waiting until the hearing to say that the Tribunal doesn’t have power to deal with the complaint

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So, before you send emails to the lawyers, take a breather. Know that everything they do and do not do is strategic, and keep your eyes on them. Their strategy is information for you, too!

Collect and keep everything from them, and if you feel that what they are doing might meet the test for improper conduct, it might be something you wish to consider.

The BC HRT needs to know and be aware of what these lawyers are doing. As self-representative individuals, it already feels unfair that we are up against lawyers in a legal arena. It should at least be procedurally fair.

If nothing else, you can shine a light on what you have been dealing with. There is value in that!

Not everyone is going to be dealing with ruthless lawyers. Some of them are very focused on ending complaints and are solution-focused for a settlement, wanting as little disruption and lawyer fees costs for their clients as possible. This is when win-win solutions, early on, are very possible, and improper conduct complaints aren’t even on the radar.