Human Rights Tribunal of Ontario
Stakeholder Meeting - April 8, 2025

(Disponible en français)

Introduction - Executive Leadership Team

Tribunals Ontario Executive Office

• Sean Weir – Executive Chair
• Harry Gousopoulos – Executive Director

HRTO Leadership Team

• Stacey Ferguson – Associate Chair
• Fariha Khan – Registrar
• Lorissa Sciarra – Director of Strategic Development and Delivery

Tribunal Updates

Updates

• 30 new members onboarded since March 2024
• Increased French Language Services complement of adjudicators
• Additional staff hired to support case management
• Updated and enhanced focus on training for members and staff
• Increase in the number of mediation and hearing events being scheduled
• Operational streamlining has led to files moving through internal processes more efficiently
• Improvements to case management system
  • Improved data
  • Improved reports
  • Improved performance

Caseload – Fiscal Year End Snapshot

• Application intake increase of 22% over previous fiscal year
• Closed 15% more applications than opened
• Despite a significant increase in intake the active caseload is 8,446 which is a reduction of 13% from its peak in early 2023
• 53% of the caseload is within the target lifecycle of 18 months
• 75 decisions on the merits issued which is the highest since 2018

Rules Consultation

• Over 50 responses to the request for feedback on the revised Rules
• Appreciate the time and effort put in by those who replied
• Consultation is valuable and we have given your feedback careful consideration which has resulted in the development of a phased approach
• Initial phase will focus on the feedback related to the introduction of mandatory mediation and amendments to Rule 15
• Future phases will include additional consultation and engagement with stakeholders

Mandatory Mediation

Stakeholder Feedback

Move to mandatory mediation was generally supported by stakeholders, provided consideration was given to key details:

• Consideration for exemptions
• Consequences for failure to attend
• Timelines to mediation
• Resources for parties
• Availability of mediators

Introduction to Mandatory Mediation

• The Tribunal has a mandate to provide a fair, just and expeditious resolution of the matters before it
• The Code encourages alternatives to adjudicative or adversarial procedures to facilitate fair, just and expeditious resolutions
• Mediation improves efficiency and improves access to justice with parties able to obtain a resolution earlier in the process
• Parties have more control over the outcome and can work together to find solutions
• Over half of the cases at the mediation stage of the Tribunal process resolve (57.87% since 2010)

Anticipated Updates

• The Tribunal shall schedule the matter for mediation and where the Tribunal directs a party to attend mediation, that party's attendance shall be mandatory
• Accommodation exemption based on exceptional circumstances
• If parties reach a resolution, they must submit a Form 25 (Confirmation of Settlement) within a reasonable timeline, or confirm their intention to proceed with the application
  • If neither of these steps are taken by the deadline, the application will be administratively closed
• Resources
  • Mediation section of the Tribunal website that include links to HRLSC How-To Guide
  • Updated Forms, Applicant's and Respondent's Guides
• Targeted implementation June 2025

Operational Updates:
Related Documents & Practice Directions:
Rescheduling, Adjournments and Extension Requests

Rescheduling, Adjournments and Extensions

• NEW Practice Direction on Rescheduling and Adjournment Requests to replace the Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments
• NEW Practice Direction on Extension Requests
• HRTO receives approximately 6,000 requests annually to reschedule, adjourn or extend timelines which further contributes to delays
• Last minute requests lose event time for members that cannot be backfilled with other events
• General expectation that parties comply with the timeframes set out in the Rules, Practice Directions, and member directions, and are prepared to proceed

Practice Direction – Rescheduling/Adjournments

• Requests and responses will be managed using Form 10 (Request for Order during Proceedings) & Form 11 (Response to a Request for an Order)
• Form 11 (Response to a Request for an Order) is due within 2 days of receipt of request
• For requests made:
  • Within 14 days of receiving the notice of event – the parties are to provide mutually available dates within 6 weeks of the originally scheduled date, otherwise the matter may be rescheduled at the Tribunal's availability
  • After 14 days from the notice of event – request is decided based on the information submitted with the request and response
    • Intended for unexpected, unavoidable, and exceptional circumstances
• Unless the request is expressly granted, parties must attend the event as originally scheduled

Practice Direction – Extensions

• Requests and responses will be managed using Form 10 (Request for Order during Proceedings) & Form 11 (Response to a Request for an Order)
• Form 11 (Response to a Request for an Order) is due within 2 days of receipt of request
• Extension requests will only be granted if the party can demonstrate they have acted with all due diligence to meet the stated deadline
• Generally, requests will not be granted for matters that could have been completed sooner, such as:
  • Retaining counsel or newly retained counsel
  • Obtaining additional information
• Also, requests would not be granted where medical reasons are not substantiated with appropriate documentation

Updates to Forms, Guides and Website Content

• Form 1/1G (Application) and Form 2 (Response) will be updated to remove reference to voluntary mediation
• Form 10 (Request for Order during Proceedings) & Form 11 (Response to Request to Order during Proceedings) will be used to request and respond to adjournments, extensions and add/remove parties
• Form 2 (Response) will be updated to remove the section to add additional respondents
• Form 25 (Confirmation of Settlement) will be updated to reference the proposed new Rule 15
• Applicant's & Respondent's Guides and TO / HRTO website will be updated to incorporate the edits to the revised Rules and Practice Directions

Next Steps

• Tribunal will consider your questions and feedback from today's session
• Draft Rules will be posted on the website for final review and feedback no later than April 25
• Final Rules, Practice Directions, website content will be posted on June 1
• Ongoing feedback regarding these products and processes can be sent to hrto.registrar@ontario.ca