Dismissing a complaint based on a reasonable settlement offer

Have you ever considered using a reasonable settlement offer to your benefit?  Maybe you should.  In Nawaz (by Areeb Yasir) v. Justice Institute of British Columbia (No. 3), 2026 BCHRT 92, Tribunal Member Smith dismissed Ms. Nawaz’s human rights complaint against JIBC under the Human Rights Code (the “Code”) on the basis that the JIBC had made a reasonable settlement offer.

Ms. Nawaz alleged that JIBC had discriminated against her on the basis of disability, race, and religion between 2018 and 2021, primarily through monitoring her attendance, withdrawing her modified work week schedule, and denying time-off requests when others were approved. In an earlier decision, 2025 BCHRT 238 (CanLII) | Nawaz (by Areeb Yasir) v. Justice Institute of British Columbia and another | CanLII, the Tribunal dismissed several of these allegations, leaving only one specific time off allegation and the absenteeism allegations to proceed to a hearing.

In advance of the hearing, JIBC made a with-prejudice settlement offer to resolve the remaining allegations. The offer included $7,500 for injury to dignity, feelings, and self-respect; a waiver of the previously ordered $200 costs award against Ms. Nawaz; a letter of regret acknowledging the distress she had experienced; and a commitment by JIBC to review its procedures for accommodations and adjustments to modified work schedules.

Ms. Nawaz rejected the offer as unreasonable because it did not provide for about $135,000 in lost wages, did not provide guarantees of future accommodation, and offered an injury to dignity amount below the range she considered reasonable. 

Tribunal Member Smith declined to consider Ms. Nawaz’s lost wages claim, finding that neither the original nor the amended complaint alleged that the discriminatory conduct caused her inability to work, and that any wage loss would, in any event, be deducted for the disability benefits she had been receiving. On the amount offered for injury to dignity, the Tribunal found that $7,500 was within the reasonable range of what the Tribunal would order. The complaint was dismissed.

What do you need to know?

It is important to remember that, in certain circumstances, a carefully constructed, with prejudice settlement offer may be an appropriate tool to dispose of a complaint before it proceeds to a hearing. To succeed an offer must be made on a with-prejudice basis and must remain open for acceptance regardless of the outcome of the dismissal application. The offer can consist of reasonable monetary and non-monetary remedies that the Tribunal would likely order if the complainant were successful at a hearing.