Filing an application at the Human Rights Tribunal of Ontario
An application to the Human Rights Tribunal of Ontario (HRTO) starts with one document, Form 1, and one deadline: a year from the incident. Karb Law prepares and files that application for people who were treated unequally at work, in housing or by a service provider, and acts for them at the mediation and the hearing that follow.
Angelina Shuster is a paralegal licensed by the Law Society of Ontario. The HRTO is an administrative tribunal set up under provincial legislation, and representing a party there is within a licensed paralegal's scope of practice under By-Law 4. This page is general information about procedure and is not legal advice. Reading it creates no paralegal-client relationship.
How the one-year filing limit is counted
Section 34 of the Human Rights Code sets the time limit. It is the first thing checked on a new file, because an application filed late is heard only if the Tribunal agrees to accept it.
One year
An application is made within one year after the incident it is about. That is subsection 34(1).
A series of incidents
Where the treatment was repeated, the year runs from the last incident in the series, so the date of the most recent event matters most.
Filing late
Under subsection 34(2) the Tribunal may accept a late application if the delay was incurred in good faith and nobody affected by it is substantially prejudiced.
Filing for someone else
A person or organization can apply on another person's behalf with that person's consent, on Form 27. The same one-year limit applies.
Which grounds the Code protects in each area
The Code protects a list of personal characteristics, called grounds, in named areas of life. Most grounds apply in every area. Two apply in one area only, which is why an application names the area before the ground.
| Area | Section | Grounds shared by all three | Ground found only here |
|---|---|---|---|
| Services, goods and facilities | 1 | Race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status and disability | None |
| Housing (the Code calls it accommodation) | 2 | Receipt of public assistance | |
| Employment | 5 | Record of offences |
Two other sections come up often. Section 8 protects a person from reprisal, or the threat of it, for claiming a right under the Code or taking part in a proceeding. Section 11 deals with a rule that looks neutral but shuts out a protected group: such a rule infringes the Code unless it is reasonable and bona fide and the group cannot be accommodated without undue hardship. Section 17 applies the same undue-hardship test to disability.
What happens after Form 1 is filed, with the day counts
The Tribunal publishes the steps and time limits for an application on its application and hearing process page. In order:
- The application goes to the HRTO's e-filing address by email, or by mail or courier to 15 Grosvenor Street in Toronto. The Tribunal warns that mail and courier filings are processed more slowly.
- The Tribunal checks that the form is complete. If something is missing, the applicant has 21 days to supply it, and a file that stays incomplete may be closed.
- The respondent is the employer, landlord or business named in the form. It has 35 days to file a Response, Form 2.
- The applicant may file a Reply, Form 3, limited to new matters the Response raised. Its deadline is in the letter that delivers the Response.
- Mediation can be scheduled at any time after filing. When the Tribunal directs a party to attend, attendance is mandatory, and the parties sign a confidentiality agreement first. A settlement is confirmed on Form 25 within 14 days.
- If there is no settlement, the Tribunal sends a Notice of Hearing. Within 21 days each side gives the other its relevant documents and files a Statement of Delivery, Form 23.
- No later than 45 days before the hearing, each side sends its witness list, witness statements and list of documents. Hearings are usually held by video.
The person who hears the application is an adjudicator appointed to the Tribunal. A separate page explains how an adjudicator differs from a judge.
What the Tribunal can order, and what makes a decision final
If the Tribunal finds that a right under Part I of the Code was infringed, section 45.2 allows three kinds of order:
- money to compensate for the loss that resulted, including injury to dignity, feelings and self-respect;
- restitution other than money for the same loss, such as reinstatement to a job;
- a direction that a party do what the Tribunal considers necessary to promote compliance with the Code. This can reach future practices, and the Tribunal can make it even when nobody asked.
A decision of the Tribunal is final under section 45.8, and there is no appeal. A party can ask the Tribunal to reconsider on Form 20 within 30 days of the decision, or apply to the Divisional Court for judicial review.
Two provisions can stop an application before it is heard. Subsection 34(11) bars it where a court action claiming a remedy for the same infringement is under way, has been decided or has settled. Section 45.1 lets the Tribunal dismiss an application where another proceeding has appropriately dealt with its substance. Any grievance, court claim or complaint already started about the same events is therefore part of the first review.
What the firm does on an application file
- Reads the events against section 34 to work out when the year started and when it ends.
- Identifies the area and the ground, and the organization and individuals to be named as respondents.
- Drafts the account of each incident for Form 1: its date, the place, who was involved and what was said or done.
- Sets out the remedy requested under section 45.2.
- Files the application, reads the Response when it arrives and prepares the Reply.
- Prepares for the mediation and attends it with the applicant.
- Exchanges documents and witness statements on the Tribunal's schedule and presents the application at the hearing.
Who can file, and who else helps applicants
The person affected files in their own name. A child, or an adult without legal capacity, applies through a litigation guardian using Form 4A or Form 4B. The Human Rights Legal Support Centre, created by section 45.11 of the Code, also provides legal services to applicants throughout Ontario. Representation at the Tribunal more broadly is described on the firm's Human Rights Tribunal page.
What to have ready for the first conversation
A first call goes further with the dates in hand. These are the things a new file is built from:
- the date of each incident, and of the most recent one;
- the name of the employer, landlord or business, and of the people involved;
- emails, letters, text messages, a termination letter or a notice from the landlord;
- the names of anyone who saw or heard what happened;
- any court claim, union grievance or other complaint already started about the same events;
- a note of what was lost: wages, a home, a service.
The office is at 10211 Yonge Street in Richmond Hill. HRTO applications are filed by email and hearings are usually held by video, so a file does not depend on which part of Ontario the applicant lives in. To start, send the dates through the free assessment form or contact the office. The firm page shows who works on these files, and other tribunal and court work is listed under practice areas. A money dispute that is not about discrimination usually belongs in a different forum, described under filing a Small Claims Court claim.
Frequently asked questions
How long do I have to file an application at the HRTO?
One year from the incident under subsection 34(1) of the Human Rights Code, or from the last incident where there was a series. The Tribunal may accept a late application if the delay was in good faith and causes no substantial prejudice.
Can a paralegal represent me at the Human Rights Tribunal of Ontario?
Yes. The HRTO is an administrative tribunal established under provincial legislation, and a paralegal licensed by the Law Society of Ontario may represent a party there under By-Law 4, from the application through mediation and the hearing.
Is mediation at the HRTO mandatory?
The Tribunal can schedule mediation at any time after an application is filed. When it directs a party to attend, attendance is mandatory, and the parties sign a confidentiality agreement before the mediation starts.
What can the Tribunal order if it finds discrimination?
Under section 45.2 of the Code it may order monetary compensation, including for injury to dignity, feelings and self-respect, restitution other than money, and anything it considers necessary to promote compliance with the Code.
Can a decision of the HRTO be appealed?
No. Section 45.8 of the Code makes the decision final. A party may ask the Tribunal to reconsider within 30 days on Form 20, or apply to the Divisional Court for judicial review of the decision.
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