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This guide provides general information about filing an Application (Form 1 or 1G) with the Human Rights Tribunal of Ontario (HRTO), general information about the Human Rights Code (the Code), and explains how the HRTO will process your Application after it is filed. It should not be taken as legal advice or as a determination of how the HRTO will decide any particular issue. It is not a substitute for consulting the Code or the HRTO's Rules of Procedure, practice directions, or policies and guides available on the HRTO's website.
Please note that many of the Practice Directions and guides mentioned in this guide are under review and may not reflect current HRTO processes.
The HRTO is responsible for resolving applications filed by individuals, or filed on behalf of another individual, which claim discrimination or harassment under the Code. References to "discrimination" in the rest of this guide include "harassment."
If the parties agree, the HRTO will try to help both sides reach an agreement that settles the Application. This is done through a process called mediation.
If an Application cannot be settled, the HRTO will hold a hearing to decide whether discrimination took place. If the HRTO finds that the applicant experienced discrimination, the HRTO can make an order to address the discrimination. This can include ordering the individual or organization responding to the application (the respondent) to pay financial compensation to the applicant and/or making orders to prevent further human rights violations. If the HRTO finds that discrimination did not occur, it will dismiss the application.
The HRTO's Rules of Procedures are designed to deal with all applications fairly and expeditiously, in a way that allows parties to understand and fully participate in HRTO's processes.
Website: tribunalsontario.ca/hrto
* Note that all correspondence must be addressed to the Registrar
Email: hrto.registrar@ontario.ca
15 Grosvenor Street, Ground Floor
Toronto, Ontario M7A 2G6
Telephone (toll-free): 1-866-598-0322
Telephone (Toronto): 416-326-1312
TTY (toll-free): 1-866-607-1240
TTY (Toronto): 416-326-2027
Copies of this guide and the forms and documents referred to below are available in print and in alternate formats by contacting the HRTO.
Contact the HRTO if you need help participating in any HRTO's process or if you would like to request an accommodation for a Code-related need. The Tribunals Ontario Accessibility and Accommodation Policy explains what to expect when requesting an accommodation.
It is strongly recommended that you send your request in writing by email. In your request you should explain what you are requesting and why.
The Human Rights Legal Support Centre (HRLSC) is a free service that offers human rights legal services to applicants in Ontario for matters related to the Code. They can help you understand your rights under the Code, provide legal assistance in filing applications at the HRTO, and provide legal representation for applicants at HRTO proceedings such as mediation or hearings.
Human Rights Legal Support Centre Contact Information:
Website: hrlsc.on.ca/en
Telephone (toll-free): 1-866-625-5179
Telephone (Toronto): 416-597-4900
TTY (toll-free): 1-866-612-8627
TTY (Toronto): 416-597-4903
Telephone lines are open: Monday, Tuesday, Wednesday and Friday: 9 am to 5 pm, Thursday: 2 pm to 6 pm
Filing a human rights application is a serious matter and can be complicated and stressful. If you think you need legal assistance, it is strongly recommended that you consult with a representative at the HRLSC, a lawyer, or paralegal to learn about your rights and options. In addition to the services highlighted below, the Government of Ontario has a webpage with information about how to find legal advice.
Through the Law Society Referral Service you can request the name and contact information of a lawyer or paralegal who will provide a free consultation of up to 30 minutes to help you determine your rights and options.
Legal Aid Ontario and its legal clinics provide low-cost legal services to people with low incomes. Some clinics may provide specialized legal services to certain communities, such as people with disabilities, people of colour, and LGBTQ2+ people.
The Ontario Human Rights Commission (OHRC) develops policies and education and outreach programs, monitors human rights, conducts research, analysis, and enquiries related to human rights in Ontario. It generally does not assist individual applicants on a case-by-case basis, however the OHRC website is a useful resource for people who want to understand their rights and obligations under the Code.
Ontario Human Rights Commission Contact Information:
Website: ohrc.on.ca
Email: info@ohrc.on.ca
Telephone (toll-free): 1-800-387-9080
Telephone (Toronto): 416-326-9511
TTY (toll-free): 1-800-308-5561
TTY (Toronto): 416-326-0603
The Human Rights Code (the Code) is an Ontario law that says that every person has the right:
The five social areas are:
The grounds of discrimination are:
In addition, the Code prohibits:
Not all unfair or unequal treatment is considered discrimination under the Code. The HRTO only has the jurisdiction (power) to decide applications that are within one or more of the five social areas and where the discrimination is because of one or more of the grounds of discrimination identified in the Code.
An Application must be filed within one year of when the discrimination took place. If the discrimination happened over a series of incidents, the one-year limit applies from the most recent incident. The HRTO can dismiss an application if you do not provide a good faith reason as to why you waited beyond one year to file an Application.
Part II (Interpretation and Application) of the Code includes exceptions to treatment that might usually be considered discrimination. For example, while a person cannot be treated differently because of their age, age-based insurance rates are allowed.
Another exception relates to housing. The Code allows an owner to refuse to rent to someone based on, for example, their gender or race if:
To find out if your situation falls within an exception (sometimes referred to as "exemptions"), consult the Code, contact the Human Rights Legal Support Centre, or seek legal advice.
The Code generally only applies to discrimination that took place within Ontario, or is sufficiently connected to Ontario.
In addition, the Code only applies to entities that fall under provincial jurisdiction. The Canadian Human Rights Act applies to claims of discrimination against the Government of Canada and organizations operating under federal jurisdiction, including:
Note: Although a corporation may be federally "incorporated" this does not mean that it is a federal work or undertaking. (See the Canadian government's list of federal departments and agencies).
If your Application is directed at the Government of Canada or an organization which is under federal jurisdiction contact the Canadian Human Rights Commission.
Canadian Human Rights Commission
344 Slater Street, 8th Floor, Ottawa, ON K1A 1E1
Website: chrc-ccdp.ca
Email: info.com@chrc-ccdp.gc.ca
Telephone (toll-free): 1-888-214-1090
Telephone (Ottawa): 613-995-1151
TTY (toll-free): 1-888-643-3304
Human rights claims can also be raised in other legal proceedings such as a civil action in the courts, grievance arbitration, or proceeding before another board or tribunal such as the Workplace Safety and Insurance Appeals Tribunal or the Landlord and Tenant Board. You must provide information about other legal proceedings when filing an Application. The HRTO may be limited in its ability to consider applications relating to events that are or have been the subject of other legal proceedings.
You must provide information about other legal proceedings when filing an Application. For more information, refer below to section 7 (Other Legal Proceedings).
Follow the steps in this guide as you fill out your Form 1 or 1G.
Use Form 1 if:
Use Form 1G if:
You must complete all sections and answer all questions marked with an asterisk (*). Note that checking a box on the electronic version of the form may generate additional fields that you are also required to answer. The HRTO will return your application to you if you do not provide the information requested on the form or if you do not submit any required additional documents.
If you are completing the Application form by hand, make sure to print clearly. Illegible forms will be returned.
The first question in this section asks whether you are completing the Application for yourself or on behalf of someone else. The scenarios where you might complete the Form 1 Application on behalf of someone else are as follows:
You are a representative completing the application on your client's behalf. Please note that if a party has a representative, the HRTO and the other parties will direct all communications to the representative only, and the HRTO will only communicate with the representative directly, not the party being represented.
If you are representing a party before the HRTO and you are not a lawyer or licensed paralegal, please see the Practice Direction on Representation before Social Justice Tribunals Ontario, which explains who may appear as a representative in a proceeding.
Authorizing a Representative
If you have a lawyer, paralegal or other person acting as your representative, all communication from the HRTO and the respondent will be sent to that person. You must give us their complete contact information. If your representative is not a lawyer or licensed paralegal, please see the Practice Direction on Representation before Social Justice Tribunals Ontario, which explains who may appear as a representative in a proceeding.
You are the litigation guardian for a person under the age of 18. For more information please refer to the HRTO's Practice Direction on Litigation Guardians. If you select this box when completing your Application electronically through the HRTO's website, you will be prompted to complete Form 4A (Litigation Guardian on Behalf of a Minor) at the end of your Application form. If you are not completing your Application electronically you will have to complete Form 4A separately and submit it to the HRTO with your Form 1.
You are the litigation guardian for a person who does not have the mental capacity to make decisions in the Application on their own. For more information please refer to the HRTO's Practice Direction on Litigation Guardians. If you select this box when completing your Application electronically through the HRTO's website, you will be prompted to complete Form 4B (Litigation Guardian: Mental Capacity) at the end of your Application form. If you are not completing your Application electronically you will have to complete Form 4B separately and submit it to the HRTO with your Form 1.
The Applicant – Section 1(a)
The first question in this section asks who is filing the Application on behalf of the claimant(s).
The Claimant – Section 1(b)
Section 1(b) asks for the names of the claimant(s) who allegedly experienced the discrimination.
If you are bringing the Application on behalf of more than one claimant, click the plus sign (+) to add another claimant.
Note that a completed Form 27 is needed for each claimant listed in the Form 1G. You may file the Form 27 as an attachment to the Form 1G or it may be submitted to the HRTO separately by email or mail.
You should follow this guide to fill out the Form 1G. However, because you are filing an Application on behalf of someone else, there are some differences in how this guide should be read. For example, the guide refers to things like:
These things should be read as referring to the claimant, not you. This is because you are filing on behalf of the claimant, who is the person who allegedly experienced the discrimination.
For more information please refer to the HRTO's Practice Direction on Filing Applications on Behalf of Another Person.
The HRTO and the other organizations or people involved in your Application will need to send materials to you on a regular basis by email or mail. For this reason, we need your complete contact information, including an email address and a phone number where you can be reached. This contact information will be shared with everyone involved in your Application. Note that the best way to communicate with the HRTO is through email.
It is important that you provide the HRTO with up-to-date contact information. If your contact information changes, you must advise the HRTO and all the parties or their representatives, if they have one, immediately.
If you do not notify the HRTO of your new contact information, you may miss important information or notices about your Application. In some cases, if the HRTO cannot contact you, your Application may be dismissed as abandoned. Please see the Practice Direction on Communicating with the HRTO.
The organization or individual who you believe discriminated against you is called the respondent.
In this section you will be asked to name the respondent(s). You may name more than one respondent, however, keep in mind that naming unnecessary respondents may complicate and delay the processing of your Application. The Practice Direction on Naming Respondents includes information about deciding who to identify as a respondent. For example, if an individual was acting in the regular course of their employment or duties, you may not need to name the individual as a separate respondent in addition to the organization.
Provide complete, correct contact information for each respondent, including an email address if you can.
Click the plus sign (+) to add another respondent.
The HRTO cannot look up a respondent's contact information for you. If you do not provide complete contact information, or if the HRTO cannot reach a respondent with the contact information you provided, your application may be returned to you and your file could be closed as incomplete.
If you are naming a corporation or organization as a respondent, it is important that you provide the correct legal name. An organization's name may appear on its website or in publications issued by the organization. You may want to do a corporate search to confirm the correct legal name of the respondent. To perform a corporate search, refer to: www.ontario.ca/page/public-record-search.
You will be asked to identify a contact person who you believe has the authority to respond to the application on behalf of the organization; for example, the president of the organization or a human resources manager if the application is about employment, or the property manager if it is about housing.
Identifying a contact person does not make them a respondent to the application. If you wish to include them as an individual respondent, you must check the "individual respondent" box and provide their contact information separately.
The HRTO does hear claims against "the Government of Ontario". When you name a government ministry as an organizational respondent in your Application, you must identify the ministry as follows:
His Majesty the King in Right of Ontario, as represented by the Ministry of (enter the name of the ministry)
Remember the Code does not apply to the federal government or federally regulated activities.
In this section you will be asked to indicate where the discriminatory events happened and when.
If the events did not occur in Ontario, the HRTO may not be able to deal with your Application. In most cases, the Code applies only to discrimination that happened in Ontario.
If the discrimination happened in more than one place, provide the name of each place.
You must provide the date of the last event or incident of discrimination or the last date in a series of events or incidents of discrimination.
The date of the last event or incident of discrimination is important. If you are applying more than one year after the last discriminatory event, you must tell us why you were unable to file an Application within one year. The HRTO does not have the jurisdiction (power) to accept an application that is filed more than a year after the last event of discrimination unless you provide a good faith (significant) reason for the delay. If you do not provide this information, the HRTO may dismiss your application. The HRTO's cases have generally found that to show good faith, you must have experienced an exceptional situation, for example being in the hospital due to a serious medical condition.
If you say there were a series of incidents, please be sure to explain how the incidents are connected with each other in your answer to section 6.1. If there is a gap of more than one year between the incidents in the series, please be sure to explain this gap. The HRTO may ask for more information about this at a later date.
The Code names five areas in which discrimination is not allowed (also known as social areas). In your Application, select the social area where you feel you have experienced discrimination. The Code prohibits discrimination only in these five areas and if your Application does not relate to one of these areas, it will be dismissed.
If you believe you were discriminated against in more than one social area, you may select more than one box.
The social areas are described below with examples. For more information, consult Part I (Freedom from Discrimination) of the Code.
Employment: You cannot be discriminated against in getting and keeping a job, a promotion, or a raise. You cannot be discriminated against in your working conditions or in workplace discipline. You have the right to be free of harassment because of a Code ground in the workplace. For example, you cannot be sexually harassed at work.
If you select the area of "employment", you will be asked if you were a member of a union or other occupational or professional association at the time of the alleged discrimination. If you were in a union at the time, select "yes" and provide the contact information for your union or other occupational or professional association (this is mandatory). The union/association will be provided with a copy of your application, as they may wish to be involved in the proceeding.
Housing: The Code protects you in your "occupancy of accommodation" - the place where you live or want to live. This means, for example, you cannot be discriminated against in renting your home. You cannot be evicted on discriminatory grounds. You have the right to be free from harassment because of a Code ground by building management or other tenants. For example, a landlord cannot deny you an apartment based on your race or ethnicity.
Goods, Services and Facilities: You have the right to be free from discrimination when buying a product or getting a service or using a building or facility that is open to the public. This includes equal treatment and freedom from harassment in privately-owned services or facilities, such as stores, restaurants and theatres. It includes public services and facilities, such as police services, schools, education, health care, public transit, and government programs. For example, a police officer cannot discriminate against you because of your religion.
Contracts: The Code protects you from discrimination in both written, oral (spoken) or signed (in the case of sign language) contracts. It covers all types of contracts, such as buying a house or a business. For example, a condo corporation cannot refuse to sell you a condo because you have children.
Membership in Trade or Vocational Associations: Every person has the right to equal treatment in membership in a union, a trade or occupational association, or a self-governing profession. For example, a union cannot refuse you membership because of your gender.
The Code includes a list of specific grounds of discrimination. These are listed on your Application form. Select each ground(s) that you believe applies to the discrimination you have claimed. The Code provides definitions of some of the grounds. See section 10 of the Code.
You can check off more than one ground. For example, if you believe that you were discriminated against because you are a woman of African descent, you may choose to select race, colour, ancestry, and sex.
You cannot create a new ground of discrimination and add it to the list or change a listed ground.
Information about some specific Code grounds:
Family Status and Marital Status: Family status and marital status are not the same. Family status means being in a parent and child relationship. Marital status refers to the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage.
Record of Offences: Record of offences has a specific meaning in the Code. If you select record of offences, you must explain how you were discriminated against because of a conviction for an offence for which you have received a pardon or for an offence under a provincial enactment (provincial offences). It only applies to claims made in the area of employment.
Association with a Person Identified by a Code Ground: An example of discrimination on the basis of association is if you were denied housing because your partner is of a particular race or colour.
Reprisal or Threat of Reprisal: Reprisal under the Code means that you believe the respondent intended to punish you for claiming or enforcing your rights under the Code; for starting or participating in proceedings under the Code; or refusing to infringe (take away or limit) the right of another person under the Code. An example of reprisal is if you were denied a promotion in your job because you filed an earlier human rights application. If you select reprisal you must explain how the alleged reprisal is linked to claiming or enforcing your rights under the Code; instituting or participating in proceedings under the Code; or refusing to infringe the right of another person under the Code.
The HRTO does not have the power to deal with Applications that do not relate to one of the grounds set out in section 5. You must explain in your Application how you allege that you were discriminated against based upon the grounds selected.
For definitions of all grounds of discrimination under the Code, consult Part I (Freedom from Discrimination) and Part II (Interpretation and Application).
In this section you will be asked to describe the discrimination you experienced and explain why you believe the grounds under the Code you identified in section 5 were a factor in the discrimination.
Your description must be 5 pages or less single or double spaced in at least Arial size 12 font, or the handwritten equivalent.
This is where you get to tell your story about the discrimination you experienced. You need to explain:
Describe the events in chronological order. Start from the beginning and end on the date of the last incident. Be sure to include every incident and explain each one. A helpful way to make your story clear is to include only one incident or event in a paragraph and to number the paragraphs so you can refer back to them if necessary.
Provide enough detail to explain what happened, when and where it happened, who was there, and how the event(s) affected you. Also, if the way you were treated was different from the way other people were treated, be sure to explain that as well. You must explain why you believe that the treatment you received was because of the prohibited grounds you identified in section 5.
If your Application is about a policy or practice that has a negative impact on you, be sure to describe the policy or practice and describe how its impact on you is related to a Code ground. It may not be possible for you to raise new incidents of discrimination at the hearing if they are not mentioned in the Application. It is therefore very important to include every incident of discrimination, fact, and allegation you wish to speak about in the hearing or the mediation.
Below are two examples of how you might describe an incident of discrimination. Example A focuses on opinions and jumps to conclusions about what happened instead of providing a fact-based explanation of what happened.
Example B is written in numbered paragraphs, includes detailed facts about what happened and explains why the applicant believes it was unfair. This is a more clear, informative, and objective way to complete this section of the Application.
Example A:
On June 1, 2022 Nurse Sally posted the schedule for the next three weeks. Of course I got the worst shifts as usual! She thinks I'm lazy and useless because I'm pregnant.
Example B:
This section asks you to "make the connection" between the events you described in section 6.1 and the Code ground(s) you identified in section 5.
Fields will appear for each ground you checked in section 5. If you selected multiple grounds you may need to answer the questions relating to each of these grounds. In this section it is important to show the link between the events you detailed and the Code ground(s) you are claiming discrimination under.
For example, if you believe you were discriminated against because of your disability, you will be asked to describe your disability and explain your disability-related needs as they relate to the discrimination you experienced.
Using the events described above in Example B, if you selected sex, including pregnancy as your Code ground, you will be asked to explain why you believe you were discriminated against based on your sex or pregnancy. Example C shows how to connect the discrimination to the grounds.
Example C:
Nurse Sally has consistently treated me differently from the other employees in my unit since I announced my pregnancy. This was demonstrated based on the lack of shifts I received in comparison to my co-workers and the patronizing comments directed towards me about my physical condition.
In this section you will be asked if the events you described in your Application are or have been the subject of another legal proceeding.
Check the box if there are other legal proceedings based on the events described in your Application.
When you check this box, a field will appear for you to provide information about the other proceeding. When filing your Application, you must include a copy of the document that started the other proceeding. You must also include a copy of any decision issued by a court or tribunal related to the proceeding.
If you do not answer these questions or provide the documents mentioned above, the HRTO may not process your Application until it receives these documents, and your file may even be closed as incomplete.
Examples of Other Legal Proceedings
If you have made a claim in a court that is related to the events in your Application, you must include a copy of the statement of claim with your Application.
The Code does not let you have both an HRTO Application and a court claim based on the same facts if you are also asking the court to provide a remedy for the human rights violation. If you have such a court claim, the HRTO will dismiss your Application.
The issues raised in your Application may also be part of another proceeding such as:
If this is the case:
The Code gives the HRTO powers to make orders and to award remedies. This section allows you to explain what remedies you want and why.
Under the Code the HRTO can order three types of remedies (or measures) as described below. Check the box next to the remedy you are requesting and enter details in the field that appears. You must request at least one remedy.
You may wish to consult previous decisions of the HRTO to get a sense of what remedies are usually granted. HRTO decisions are all available free of charge on the Canadian Legal Information Institute website, www.canlii.org/en/on/onhrt.
If you want monetary compensation as a remedy, you need to check this box and then indicate the amount you are seeking and provide details explaining the basis on which you are seeking this amount (for example, by calculating the amount of wages or income you have lost).
The HRTO can also order the respondent to pay interest on the money that is awarded as damages.
Non-Monetary Measures: The HRTO can order the respondent to do something that will put you in the position you would have been in if the discrimination had not happened.
For example, if you lost your job because of the discrimination, the HRTO could order that you get your job back. Or, if your employer refused to meet your particular Code-related needs, the HRTO could order that the employer meet those needs.
If you want this kind of non-monetary remedy, you need to select this box then provide details of what specific non-monetary remedy you are seeking.
Measures to Promote Future Compliance with the Code (Public Interest Remedies):
A measure or remedy for future compliance with the Code is an action that the respondent can be ordered to take to prevent similar discrimination from happening in the future. For example, the HRTO could order the respondent to change their hiring practices, develop new policies, or have all staff receive training on a human rights policy.
If you want this kind of public interest remedy, you need to select this box then provide details about what specific remedy you are seeking.
In this section you will be asked if you agree to participate in mediation. The HRTO offers mediation to help parties resolve their disputes. It is a less formal process and can achieve a resolution more quickly than a hearing. Mediation is voluntary and can only happen if all parties agree to it.
The HRTO now holds mediations by videoconference (Zoom).
An HRTO adjudicator will be assigned to mediate your Application. The HRTO typically practices a type of "shuttle mediation". This means that the parties will be placed in separate "breakout rooms" and the mediator will usually speak with one party confidentially at a time, to try to work out a solution that all parties can accept.
The parties will be asked to agree to the Confidentiality Agreement in the Application or Response or at the mediation. The parties must agree to keep what is said in the mediation confidential.
If the parties reach a settlement, they will sign Minutes of Settlement and any party can come back to the HRTO if the settlement is broken. This is done by filing a new Application to the HRTO using Form 18 (Contravention of Settlement).
If mediation does not settle all the issues, a hearing will take place and a different HRTO adjudicator will decide the Application. What is said during the mediation by the mediator or by any party cannot be mentioned at the hearing unless both parties agree.
At the hearing, if the parties consent, the adjudicator may attempt to settle the Application in a process called mediation-adjudication.
If you want to try mediation, select the "Yes" box in section 9 to confirm you have read and agreed to the statement provided above. The HRTO encourages you to try mediation. If you are familiar with mediation and choose not to participate, then select "No, I am familiar with mediation and choose not to participate".
Before you sign your Application, carefully read the following:
The HRTO will use the information you have sent us to deal with your Application and to fulfill our responsibilities under the Code. The information in your Application, as well as other information about your case, may become public during the HRTO's process. For example, your information will become public at the hearing and in any decisions an adjudicator has to make about your Application, subject to limited exceptions.
The Code requires the HRTO to share your Application and any filed Response with the Ontario Human Rights Commission. Following the sharing of the Response any information that you provide to the HRTO that is relevant to this Application must also be provided to the other parties to the proceeding (and vice versa).
Your information could also become public in response to a request to the HRTO by the media or a member of the public under the Tribunal Adjudicative Records Act, 2019 (TARA) or the Freedom of Information and Protection of Privacy Act (FIPPA).
The record of your proceeding, which includes documents such as the Application, Response(s) and any evidence considered by an adjudicator, is usually available to the media or public on request. If the Application proceeds to a hearing, the hearing will usually be open to the public.
When an adjudicator issues a decision about your Application, it will be given to you and the other parties and sent to legal reporting services where they can be accessed by the public.
By signing your Application, you are declaring that you understand your information can become public in these ways.
When you sign your Application, you declare that your Application is as complete and accurate as you can make it. You also declare that you will participate in HRTO proceedings and communicate with HRTO staff and adjudicators and other parties to your Application in good faith and in a respectful manner. Do not sign until you are sure that you can declare these things.
If you are filing your Application electronically, type in your name (last name, first name) and the date. Then check the box in the declaration section that represents your legal signature.
Before submitting your Application, make sure you have the following documents:
Do not file any other documents with your Application, other than a Form 4A or 4B, Form 27, or the documents allowed in section 6, or required by section 7. The HRTO will tell you when you need to submit documents and evidence to support your Application. If you submit documents that are not required at the Application stage, the documents may not be accepted by the HRTO and may be returned to you.
If you are completing your Application online, it will be filed with HRTO when you click "submit" at the end of the form.
You may also file your Application by mail or in person. The contact information for the HRTO is available on the website.
Please submit/send your Application only once. If the HRTO receives your Application more than once, we will only accept the first Application received.
Remember to save a copy of your Application for your own records.
You do not need to contact the HRTO to make sure that your Application has been received.
The HRTO will acknowledge your Application as soon as possible after you send it. The HRTO will assign a file number to your Application. You must use this number in all future communications with the HRTO about your Application.
For more detailed information on the process for resolving applications before the HRTO, see the Application and Hearing Process information on the HRTO's website and the Guide to Preparing for a Hearing Before the Human Rights Tribunal of Ontario.
HRTO staff will review your Form 1 or 1G to make sure that it is legible, complete, and includes any additional required documents.
If your Application is complete, it will continue to the next step in the HRTO's process.
If you have not answered a question, have not provided sufficient information, or have answered "yes" to question in section 7 and did not file the required document(s), the HRTO will write to you to explain how your Application is incomplete and ask for the missing information or document. You will be given a deadline of 21 days to provide the requested information.
If you think you will need more time to respond, you must write to the Registrar and ask for an extension. Unless you are granted the extension, you must respond to the HRTO by the date provided in the letter.
If you do not respond or you do not provide all the missing information, the HRTO may not process your Application and may administratively close your file.
Once your Application is found to be complete, an adjudicator will review it to see if the discrimination you experienced is covered by the Code and is within the HRTO's power (jurisdiction) to decide.
This will include, among other things, checking to see whether the Application appears to have been filed more than one year after the last incident of discrimination, whether the respondent may be a federally regulated business or organization, whether there is an ongoing civil proceeding, and whether your Application makes allegations that fall under a ground or social area not covered by the Code.
If it appears that your Application raises an issue that the HRTO does not have the power (jurisdiction) to decide, the HRTO may send you a Notice of Intent to Dismiss the Application (NOID). The NOID is not usually sent to the respondent at this stage in the Application.
The NOID will explain why it was issued and what information the HRTO needs from you. It may also identify certain HRTO decisions that will help you understand the issues better. HRTO decisions are all available free of charge on the Canadian Legal Information Institute website, www.canlii.org/en/on/onhrt.
You may want to review this website for other decisions that support your position. If you feel that other decisions are helpful, be sure to mention them in your written submissions to the HRTO.
The NOID will ask you to respond to the Registrar in writing within 30 days. If you think you will need more time to respond, you must write to the Registrar and ask for an extension. Unless you are given an extension, you must respond to the HRTO by the date provided in the NOID.
If you do not file the requested submissions by the date provided, the HRTO may make its decision based only on what is in your Application or may decide that you have abandoned your Application and dismiss it for that reason.
After you file your submissions, an HRTO adjudicator will review your Application and submissions.
If an adjudicator decides that the Application should not be dismissed, the Application will continue in the HRTO's process. The other parties will be given a copy of the Application and any other materials you filed at the same time as they receive the decision. A decision to continue with the Application is not a final decision on whether the HRTO has the power to deal with the Application. The respondent or the HRTO may raise this or other jurisdictional issues later in the proceedings.
If an adjudicator decides that your Application is not within the HRTO's power (jurisdiction) to decide, your Application will be dismissed, and your file will be closed. The HRTO will send you a written decision. A copy of the decision, your Application, the NOID, and any submissions filed will also be sent to the respondent.
The HRTO may also determine whether it may be appropriate to defer (postpone) dealing with your Application. For example, your Application might be deferred if there is another proceeding in progress, such as a grievance under your workplace collective agreement or a court case dealing with the same issues raised in your Application.
If it appears appropriate to defer your Application until the other proceeding is over, the HRTO will send a Notice of Intent to Defer to you and the other parties. All parties will be asked for their position on deferral.
The Notice will ask you to respond in writing within 30 days. You must send your response to the Registrar and to all the other parties by that date. If you think you will need more time to respond, you must write to the Registrar and ask for an extension. A copy of your extension request must be given to the other parties. Unless you are granted an extension, you must respond to the HRTO by the date provided in the Notice.
If you do not respond, the HRTO may make its decision based only on what is in your Application and what the other parties say, or may dismiss your Application as abandoned. The respondent is normally not required to file a Response (Form 2) to the Application until the HRTO has received and considered submissions on whether to defer (postpone) dealing with the Application.
The HRTO will review the written submissions on deferral and issue a decision. All parties will receive a copy of the decision. If the Application is deferred the decision will explain how to reactivate it once the other proceeding is completed.
If it appears that the Application is within the HRTO's power to decide but that there may be no reasonable prospect that the Application will succeed, the HRTO may schedule a summary hearing. This review can happen at any time and often occurs before a Response is filed.
Where the HRTO decides to hold a summary hearing, it will notify the parties and provide directions about the summary hearing.
Following the summary hearing, the HRTO will issue a decision either dismissing the Application because there is no reasonable prospect of success or allowing some or all of the Application to proceed.
Any party may ask the HRTO to make an order about an issue in the case. This is done by filing a Request for an Order during Proceedings (Form 10). Other parties or persons affected by the Request can file a Response to a Request for an Order during Proceedings (Form 11). The Form 11 must be filed within 14 days of the delivery of the Form 10. The party making the request must submit all the supporting information with the request.
If you don't respond to a Request for Order during Proceeding, a decision may be made without your response.
An adjudicator will review the submissions and decide when to make a decision (it may be before or at a hearing). This may not happen immediately.
In some situations, the HRTO may direct the parties to make more written submissions or to make oral submissions before it makes a decision about the Request.
The HRTO may also identify issues that may need to be decided before the Application moves forward. In that case, both parties will be invited to make further submissions before a decision is made.
All of the HRTO's decisions are available free of charge on the Canadian Legal Information Institute website, www.canlii.org/en/on/onhrt. You may also want to review other decisions which have issues similar to the ones raised by your Application and refer to any cases you believe support your arguments. Before you respond to a request for submissions, you may want to contact the Human Rights Legal Support Centre or obtain legal advice.
Once your Application is complete and has been reviewed for jurisdiction, it will be delivered to any respondents or affected persons listed in your Application. Sometimes this step is called "serving the Application".
The respondent must complete a Response (Form 2) and deliver it to the HRTO within 35 days of the date of the "Notice of Application". HRTO staff will review the Response to ensure it is complete.
A complete Response must include the information requested on the Response form, respond to each allegation in your Application, and include any additional facts and allegations on which the respondent relies. If the Response is complete, it will be delivered to you.
If the respondent does not respond by the deadline, and there are no concerns with the contact information you provided for the respondent, the HRTO may issue a "No Response to Notice of Application" letter further directing the respondent to file its Response and to explain why it is late.
If the respondent fails to respond to this direction, the HRTO may proceed with the Application without further notice to the respondent.
If there are concerns with the contact information you provided for the respondent because, for example, the Application sent to the respondent was retuned by Canada Post as "undeliverable", or the email address you provided failed to deliver, you may be asked to provide additional contact information for the respondent before the file can proceed.
If a respondent has raised new matters in its Response, you will have the opportunity to comment on these new matters in a Reply (Form 3). The purpose of the Reply is to respond to any new issues raised by the respondent, not to re-state anything you previously provided in your Application.
In some instances it will be mandatory that you file a Reply. If this is the case you will be advised of this mandatory requirement by the HRTO in its "Delivery of Response" letter.
The HRTO will only deliver the Application and Response to the parties. The parties are responsible for filing all other communications and submissions concerning the Application, including the Reply, with each other and the HRTO.
All written communications with the HRTO must be addressed to the Registrar. Any document, including emails, must be copied to the other parties. The HRTO cannot accept any materials unless they have been copied to the other parties. One exception is a request for accommodation.
For more information, see the HRTO's Practice Direction on Communicating with the Human Rights Tribunal of Ontario.
If both you and the respondent have agreed to try mediation, the HRTO will schedule a mediation session with an HRTO member. Mediations are usually scheduled for a half day by videoconference or teleconference (Zoom).
Where one of the parties has raised a preliminary issue, the HRTO may schedule mediation either before or after it determines the preliminary issue.
For more information on mediation scheduling, see the HRTO's Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments.
Attendance at a scheduled mediation is mandatory unless it has been rescheduled as set out in the HRTO's Practice Direction (above). If something urgent comes up and you cannot attend, you must advise the HRTO and the respondent immediately, as required by the HRTO's Practice Direction.
At the mediation, an HRTO adjudicator who is experienced in human rights will help both sides to consider an appropriate settlement. If you are able to settle the Application, the parties will complete a Confirmation of Settlement (Form 25) that will be submitted to the HRTO, and your file will be closed. If you settle the Application after the mediation, you must still file a Form 25 with the HRTO.
If you resolve your Application without the assistance of the HRTO, you may file a Form 25 or a Form 9 (Request to Withdraw) to let the HRTO know that your dispute has been resolved and you will not be proceeding with your Application.
More information about mediation is included in A Guide to Mediation at the Human Rights Tribunal of Ontario.
If the parties do not agree to try mediation, or if mediation does not result in a settlement of all issues, the HRTO will schedule a hearing.
The HRTO will issue a Confirmation of Hearing notice providing the time and date of the hearing and instructions for participating. Hearings are usually held by videoconference and may last one day or more.
The HRTO may also decide to hold a case management conference call (CMCC) to discuss aspects of an upcoming hearing.
More information about hearings is included in the Guide to Preparing for a Hearing before the Human Rights Tribunal of Ontario.
After the hearing, the adjudicator will consider the issues raised in the hearing and issue a written decision.