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Responding to a Human Rights Tribunal application in Ontario

Responding to a Human Rights Tribunal application in Ontario

This page is for the party an application to the Human Rights Tribunal of Ontario is made against. The Tribunal sends that party a copy of the application with a covering letter, and from that day its Rules of Procedure set the pace.

Karb Law prepares and files the Response (Form 2) for respondents and represents them through mediation and the hearing. Angelina Shuster is a paralegal licensed by the Law Society of Ontario. Rule A9.1 of the Tribunal's rules lets a party be represented by a person licensed by the Law Society, and By-Law 4 allows licensed paralegals to appear before Ontario tribunals. What follows describes the Tribunal's procedure in general terms. It is not legal advice, and reading it does not create a paralegal-client relationship. People who are bringing a complaint are covered on the page about filing an application with the Tribunal.

The covering letter starts a 35-day count

Three points in the Tribunal's letter decide what happens next. The outline on the left marks them, and the notes on the right explain each one from the Rules.

  1. The count runs from the date the Tribunal sent the application, not the day it arrived. Rule 1.8 counts calendar days, Rule 1.9 leaves out the first day and includes the last, and under Rule 1.10 a deadline that lands on a holiday moves to the next day that is not one.

  2. Rule 8.1 asks for a complete Form 2 within those 35 days. The Response goes to the Tribunal only. It does not have to be sent to the applicant, because the Tribunal delivers it once accepted.

  3. Under Rule 5.5 a respondent who does not answer may be deemed to have accepted every allegation, and the Tribunal may decide the application on the material in front of it. These powers are discretionary. Rule 1.7 lets the Tribunal lengthen a time limit, and that request is made in writing on Form 10.

When the answer starts with a release or another proceeding

Rule 8.2 lets a respondent set aside the paragraph-by-paragraph answer in a few defined situations. Form 2 then carries the supporting document and a full argument for dismissal or deferral. The Tribunal can still direct a complete Response.

If the file showsWhat goes with Form 2Rule
The applicant signed a final releaseA copy of the release and the argument that it covers the claims in this application.8.2
A court action on the same facts is under wayThe court claim and the argument under section 34(11) of the Code, which bars an application while a civil proceeding on the same infringement has not been withdrawn or finally decided.8.2
The matter went to the Ontario Human Rights CommissionThe complaint documents and the argument for dismissal.8.2
The business is federally regulatedThe facts that place it under federal jurisdiction, where the Canadian Human Rights Act applies instead of the Ontario Code.8.2
A union grievance or arbitration on the same facts is still runningContact details for that proceeding, the document that started it, confirmation that it is ongoing, and the argument for deferral.8.2.1

A matter that another proceeding has already dealt with can also be raised under section 45.1 of the Code, through Rule 22, but that route needs a complete Response. When the same events are also the subject of a money claim, the firm handles the court side under its Small Claims Court and civil damages work.

What a complete Response holds, and who reads each part

Rule 8.2 calls a Response complete when every section of Form 2 is filled in, each allegation in the application is answered, and any further facts the respondent relies on are set out. A Response the Tribunal finds incomplete can be sent back with reasons. Rule 8.3 then allows 20 days to resubmit it, and Rule 8.5 treats the corrected version as filed on the original date.

Mediation is scheduled in every file started after 1 June 2025

Rule 15.B.1 has the Tribunal schedule a mediation in every newer application, unless the file is dismissed early as outside its jurisdiction or another proceeding is found more appropriate.

  • Who attendsAttendance is mandatory where the Tribunal directs it, and the party or a person with authority to settle on its behalf takes part (Rules 15.B.1.1 and 15.3).
  • PrivacyWhat is said in mediation stays confidential (Rule 15.5).
  • ExemptionRequested on Form 10, copied to all parties, at least 7 days before the mediation (Rule 15.12).
  • SettlementTerms agreed at mediation can be confirmed on Form 25.

The firm prepares a respondent's mediation from the same documents it would use at the hearing, and confirms in advance who will attend with authority to settle.

Forms and day counts after the Response is in

Form 3

The applicant's Reply, filed only when the applicant intends to prove facts different from those in the Response.

21 daysafter the Response is sent (Rule 9.3)
Form 10

A request for an order during the proceeding: more time, an exemption from mediation, or dismissal of all or part of the application as outside the Tribunal's jurisdiction (Rule 13).

Any stagedelivered to all parties (Rule 19.2)
Form 11

The written response to another party's Form 10 or to a request for a summary hearing.

14 daysafter delivery (Rules 19.6, 19A.4)
Form 26

A request for a summary hearing on whether the application, or part of it, has no reasonable prospect of success.

With full argumentRule 19A.3
Disclosure

Each party delivers the documents it relies on after the Tribunal confirms the hearing.

21 daysafter the Tribunal sends notice (Rule 16.1)

The Tribunal can also send a Case Assessment Direction that names the issues it wants addressed at the hearing (Rule 18). The current Rules of Procedure, last amended in August 2026, are on the Tribunals Ontario site, and the Human Rights Code is on Ontario e-Laws.

How the firm works on a respondent's file

  1. Reads the application and the covering letter and fixes the filing date under Rules 1.8 to 1.10.
  2. Checks for a release, a court claim, a grievance or a federal connection before any answer is drafted.
  3. Gathers what the answer rests on: policies, job descriptions, tenancy or service records, e-mails, and the notes of any internal complaint.
  4. Drafts the answer to each allegation and the witness lists, and files the Response through the Tribunal's process.
  5. Prepares for and attends the mediation, and represents the respondent at a summary hearing or a full hearing.

An overview of the Tribunal, the five social areas and the grounds it hears is on the Human Rights Tribunal page. Disputes about the written terms of an employment or service agreement, outside the Tribunal, are covered under contracts.

The office is at 10211 Yonge Street in Richmond Hill. To start, send the Tribunal's letter and the application through the free assessment form, or contact the office with the date printed on the letter.

FAQ

Frequently asked questions

How long does a respondent have to answer an HRTO application?

Rule 8.1 of the Tribunal's Rules of Procedure sets 35 calendar days from the date the Tribunal sent the application. The first day is not counted, and a deadline that falls on a holiday moves to the next day that is not a holiday.

What can happen if no Response is filed?

Rule 5.5 allows the Tribunal to treat the respondent as having accepted all of the allegations, to proceed without further notice, and to decide the application on the material before it. These powers are discretionary rather than automatic.

Can a paralegal represent an employer or landlord at the HRTO?

Yes. Rule A9.1 of the Tribunal's rules lets a party be represented by a person licensed by the Law Society of Ontario, and licensed paralegals may appear before Ontario tribunals under By-Law 4.

Is mediation at the HRTO optional for a respondent?

For applications filed on or after 1 June 2025 the Tribunal schedules a mediation in every file, and attendance is mandatory where it directs it. An exemption is requested on Form 10 at least 7 days before the mediation date.

Does the applicant see the respondent's witness list?

Form 2 includes a confidential list of witnesses, and Rule 8.6 keeps that list from the applicant and the others who receive the Response. The rest of an accepted Response is sent to them under Rule 8.4.

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