Can I file an application with the HRTO?

The HRTO resolves claims of discrimination and harassment brought under the Human Rights Code (the Code) in a fair, just and timely way. If you believe you have experienced discrimination or harassment, as defined by the code, you can file an application with the HRTO.

Harassment is a form of discrimination. The Code defines harassment as “a course of vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome”. It includes offensive comments or actions directed at you that are related to one or more of the Code grounds.

Learn more about the grounds and areas of discrimination and harassment in the Applicant’s Guide .

The HRTO can only consider your claim if:

1. it falls within the scope of the Code
2. the alleged discrimination or harassment happened within one year
3. the HRTO has the legal authority (jurisdiction) to deal with it

The HRTO cannot consider an application if:

• the application does not relate to one of the grounds of discrimination (for example race or disability) and an area (for example housing or employment) covered by the Code
• the events have no connection with Ontario
• the respondent is a chartered bank, airline, television or radio station, telephone company, a company that operates buses and railways that travel between provinces or is another company that is subject to federal laws
• the human rights claim is before the courts, or the subject of a court decision
• if the application is filed more than one year after the alleged discrimination happened or more than one year after the last event of a series of alleged discrimination

After an application has been filed, the person or organization accused of harassment and/or discrimination must file a response. The applicant may file a reply to that response.

If it appears the HRTO may not have the authority to decide the application, the applicant will be asked to explain how the application is within the HRTO‘s jurisdiction. An adjudicator will consider the explanation. If the HRTO decides it does not have the authority to deal with the application, the application will be dismissed with written reasons.

If the adjudicator confirms jurisdiction, the HRTO then offers parties the opportunity to settle their dispute through mediation. If the parties do not agree to mediation, or mediation does not resolve the application, the HRTO holds a hearing.

What is the Human Rights Code?

The HRTO resolves claims of discrimination and harassment brought under the Human Rights Code, a law that protects people in Ontario from discrimination and harassment in five areas:

1. Employment
2. Accommodation (housing)
3. Goods, services and facilities
4. Contracts
5. Membership in trade and vocational associations

The Code prohibits discrimination and harassment on any of the following grounds:

• Race
• Colour
• Ancestry
• Place of origin
• Citizenship
• Ethnic origin
• Disability
• Creed
• Sex, including sexual harassment and pregnancy
• Sexual orientation
• Gender identity
• Gender expression
• Family status
• Marital status
• Age
• Receipt of public assistance (Applies only to claims about housing.)
• Record of offences (Applies only to claims about employment and to criminal convictions for which you have received a pardon.)

What is not discrimination?

Not all unfair conduct or unequal treatment is covered by the Code. For the Code to apply, unequal treatment must have occurred in one of the five areas in the Code and be based on one or more of the grounds in the Code.

The Code includes some defences and exemptions to discrimination. For example, although the Code prohibits different treatment based on age, different insurance rates based on age are allowed.

Another example of an exemption occurs in housing. The Code allows an owner to refuse to rent to someone based on gender or race if:

• the owner or his or her family also lives on the premises
• the owner or his or her family would be sharing a kitchen or bathroom with the tenant

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How long do I have to file an application?

The Code contains time limits for making an application to the HRTO.

The HRTO may hear a late application if it is satisfied the delay occurred in good faith and it will not cause substantial harm (prejudice) to the other parties.

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Getting legal advice

If you want to make an application to the HRTO, you can ask the Human Rights Legal Support Centre (HRLSC) for help. The HRLSC is independent of the HRTO and offers free services throughout the province.

If you identify as a member of the Indigenous community and are seeking culturally sensitive legal support, you can contact the HRLSC Indigenous Services Team.

The HRLSC also can provide accommodations for persons with disabilities. If you would like to request accommodation at the HRLSC in advance of your conversation, you can find more details on the HRLSC website.

You may also get help from other legal clinics, a private lawyer or a paralegal, or may choose to file an application on your own. For more information, about the legal help options available, see Getting Legal Help. For self-directed information about your legal options inside and outside of Ontario’s human rights system and how to prepare an application read the HRLSC‘s How-to Guides.

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French language services

The HRTO’s documents and forms are available in both French and English. HRTO mediations and hearings can be conducted in English, French or in both languages. If the application or the response is filed in French, a bilingual adjudicator will be assigned to your hearing. If you filed in English but would prefer to continue in French, advise the HRTO as soon as possible.

The HRTO is one of the expert adjudicative tribunals that make up Tribunals Ontario. Tribunals Ontario is committed to ensuring that French language services are clearly visible, easily accessible, publicized and of equivalent quality to services offered in English. See the Tribunals Ontario French Language Services Policy for more information.

All correspondence submitted to the HRTO must be in English or French.

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Languages other than English or French

The HRTO can provide interpreters for mediations and hearings for languages other than French or English, including sign language at no charge. Make your request to the HRTO for an accommodation for an interpreter as soon as possible and well in advance of your mediation or hearing. For more information, see Request an Accommodation.

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Timelines

Mediations are scheduled to take place about five months after all the parties agree to go to mediation.

If a hearing on the merits of the application is needed, it will generally be scheduled to take place within six months of the date on which the application is ready to proceed to a hearing.

In some cases, it can take longer to hold a mediation or hearing. Sometimes there are preliminary issues that need to be dealt with, like an incomplete application or questions about whether the HRTO has jurisdiction. In other cases, parties ask to reschedule the hearing or mediation for a later date. For more information about the process for scheduling events at the HRTO, see the HRTO’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments .

How to file an application

The Human Rights Tribunal of Ontario (HRTO) process begins when a person files a completed application form with the HRTO. The person who files the application is called the applicant.

You must file your application within one year of when the alleged discrimination or harassment happened. If you were discriminated against more than once, you must file the application within one year of the last event. The HRTO can only hear a late application if it is satisfied the delay occurred in good faith and will not cause substantial harm (prejudice) to the other parties.

You can mail or email the completed application to the HRTO. If you submit by mail or courier, you will experience processing delays.

For all HRTO forms and information about how to file, see Forms and filing.

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Information to include in the application form

The Application (Form 1) asks you to identify who you believe is responsible for the alleged discrimination. This person or organization is called the respondent. There can be more than one respondent, but each respondent needs to be involved in or responsible for the discrimination or harassment. You must provide a detailed description of the events that led to your claim and explain how each respondent is responsible.

Carefully consider who you want to name as a respondent. Naming many individuals in addition to an organization can delay your application. For more information about naming respondents, see the HRTO’s Practice Direction on Naming Respondents .

The application form also asks:

• What area(s) and ground(s) of the Human Rights Code (the Code) do you believe were violated?
• What do you want to have happen as a result of your application?
• Do you want to see any changes in policies or practices?
• Have you filed complaints with any other legal bodies about the discrimination?

More information about how to complete an application is available in the Applicant’s Guide .

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After you file an application

Once your application has been received by the HRTO, you will receive a letter that includes your HRTO file number. The HRTO will then proceed to review your application for completeness.

The HRTO requires the following for your application to be considered complete:

• Your application must be readable.
• Forms must have all relevant questions answered with sufficient detail.
• Necessary documents must be included.

If your application does not meet these criteria, your application will be considered incomplete.

If the application is incomplete or more information is required, the HRTO will let you know in writing. You will be given a deadline of 21 days to provide the requested information. If you do not provide all the missing information, the HRTO will be unable to process your application and your file may be administratively closed. For more information about completing an application, see the Applicant’s Guide .

You can contact the Human Rights Legal Support Centre (HRLSC) for legal advice and guidance completing the application and responding to notices received after you file an application.

If the application is complete, it will be sent to the respondent(s) named in the application and any others who may be affected by the application (e.g., a labour union in the case of an application filed on the grounds of employment).

Next, the respondents must submit a Response (Form 2) to the HRTO. The HRTO will review the response and share it with all of the parties.

After receiving the response from the HRTO, as an applicant, you have the option to file a Reply (Form 3). In some instances, the HRTO may require an applicant to file a Form 3 to address specific issues on their application. Once the HRTO has received the Form 3 (or the deadline for filing the Form 3 has expired), an adjudicator will complete a jurisdictional review followed by an outline of the next steps for the parties.

For more information about the Reply (Form 3), see Filing a reply to Respondent’s response.

How the respondent can file a response

Some questions you must consider when completing your Response (Form 2) include:

• Did the applicant tell you about their human rights concern?
• Did you investigate?
• Do you have a human rights policy?
• What is your response to what the applicant says happened and the applicant’s proposed remedy?

More information about how to complete a response is available in the Respondent’s Guide .

For all HRTO forms and information about how to file, see Forms and filing.

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If the respondent files an incomplete response

If the response form is not complete or more information is required, the HRTO may return the form and tell you what information is missing. You will have 20 days to provide the missing information. Once the HRTO has your completed response form, it will be delivered to the applicant and any other parties. If you do not respond to the HRTO’s request to complete the response, you may be bound by the information in the incomplete form.

The HRTO will not consider requests to decide preliminary objections or issues before the complete response is filed. There are three exceptions to this rule:

1. if you say the court is already dealing with the same matter
2. if you say the parties have settled the claim outside of the HRTO process and the applicant signed a release
3. if you claim the HRTO does not have jurisdiction over the matter because it is under federal jurisdiction

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If the respondent does not file a response

If you receive notice of the application but do not file a response, you may not be given an opportunity to participate further in the process. You would still be responsible for complying with any orders to pay compensation.

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Intervening as an affected party

Affected parties, such as unions, are also given a copy of the application. If you have been given notice as an affected party, you can ask to intervene (participate) in the proceeding if you believe your legal rights could be affected by the application.

Refer to the Respondent’s Guide and the HRTO‘s Practice Direction on Naming Respondents for more details about parties in the HRTO‘s application and hearing process. For more information about intervening as an affected party, see the HRTO‘s Rules of Procedure .

If you (the applicant) disagree with the version of the facts described in the Response (Form 2), you may file a Reply (Form 3). In some instances, the HRTO may require an applicant to file a Form 3 to address specific issues raised by respondents. In such cases, the applicant should carefully review the cover letter they received with the response.

The reply must deal only with new matters that are raised in the response, outlining your version of the facts, and may address any other matter raised in the response. For more information about the Form 3, see Rules 9.1 and 9.2 of the HRTO‘s Rules of Procedure .

If you already described the same incidents in your Application (Form 1), you may opt not to file a reply.

You must file your reply with the HRTO and deliver it to the respondent and any other person or organization identified as an affected party in the application or response by the date required in the Delivery of Response letter.

For all HRTO forms and information about how to file, see Forms and filing.

On the HRTO application or response form, you will be asked if you are willing to try mediation. The goal of mediation is to help the parties reach an agreement (settlement) that resolves the issues in the application. The HRTO mediates disputes using an active listening approach. This means that both sides will have an opportunity to tell an HRTO mediator what happened and what they would like to see done about it.

The mediator does not decide the application. He or she will consider what you say and look at the documents provided to help find a resolution that is satisfactory to both sides.

You will need to agree to a confidentiality agreement before the mediation. If the case is settled in a mediation, all parties will have to complete a Confirmation of Settlement Form (Form 25) and file it with the HRTO at HRTO.Registrar@ontario.ca. The HRTO will issue a letter to acknowledge the settlement and close the file. If you can’t reach a settlement, the file will proceed and may be placed in a queue to be scheduled for a hearing.

Mediation at the HRTO is a voluntary process. You are encouraged to mediate but if one or both parties are not interested in trying mediation, the application may go directly to a hearing.

For more information about mediations, see the HRTO‘s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments .

The Human Rights Legal Support Centre (HRLSC) provides free legal advice and may provide representation at the mediation stage of an application and beyond. For applicants looking to represent themselves at a mediation, the HRLSC also has self-directed How-to Guides outlining how to prepare for the mediation process.

Types of hearings

Summary hearings

Summary hearings may be a part of the human rights legal process. They are ordered when it seems unlikely that an application has insufficient evidence to succeed. These hearings allow the person who filed the application to present and clarify their allegations.

There are several common reasons for initiating a summary hearing:

1. Unclear discrimination claims: In cases where the applicant believes they have faced discrimination (like race or disability), the evidence may not be immediately clear. The summary hearing focuses on assessing the evidence the applicant has, or could gather, to support their claim of discrimination.
2. Non-direct Human Rights Code issues: Sometimes, the issues raised by the applicant may not directly relate to the Human Rights Code. In such cases, the summary hearing looks into the legal basis of the applicant’s claim and assesses whether the allegations could still constitute a violation of the Human Rights Code.

In cases where the applicant believes that they have been discriminated against based on a Human Rights Code ground, such as race or disability, the evidence might not be immediately clear. The summary hearing focuses on assessing the evidence the applicant has or could potentially acquire to establish this connection.

At times, the issue raised by the applicant may not directly relate to the Human Rights Code. In this case, the summary hearing examines the legal basis of the applicant’’s claim and evaluates the likelihood that the allegations could constitute a violation of the Human Rights Code.

After hearing the applicant’s explanations, the HRTO adjudicator will decide whether the application can continue or whether some or all of it will be dismissed. For more information about the summary hearing process, see the Practice Direction on Summary Hearing Requests .

Preliminary hearings

The HRTO may schedule a preliminary hearing to decide other issues. For example, a preliminary hearing might be ordered when:

• it is not clear that the HRTO has jurisdiction to decide the allegations
• there is a question about whether another proceeding has already appropriately dealt with the substance of the application

In a preliminary hearing, the HRTO adjudicator will usually hear arguments from both parties. The parties could also be asked to present evidence. The adjudicator will decide whether to dismiss all or part of the application or allow it to proceed.

Merits hearings

The purpose of a merits hearing is to determine if the respondent has infringed a right under the Human Rights Code. It is the parties’ opportunity to present evidence (witnesses and documents) and to make legal submissions. If the adjudicator finds that the applicant has established an infringement of the Human Rights Code (on a balance of probabilities), the adjudicator may order a remedy.

The HRTO adjudicator plays an active role in the merits hearing process, and the HRTO Rules of Procedure allow the adjudicator to adopt alternatives to traditional adjudicative or adversarial procedures that, in the opinion of the adjudicator, will facilitate the fair, just, and expeditious resolution of the merits of the application. The procedure used in the hearing may vary depending on the nature of the case, the issues in dispute, and the parties involved (including whether the parties are represented or self-represented).

For more information on merits hearings, see the Practice Direction on Hearings before the Human Rights Tribunal of Ontario .

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Before the hearing

A hearing at the HRTO is a legal proceeding. It provides an opportunity for the applicant and the respondent to present their positions (evidence), including facts and legal arguments, to the adjudicator hearing the case. The adjudicator is a neutral decision-maker with experience, knowledge and training in human rights law and issues.

Consider getting legal representation

The Human Rights Legal Support Centre (HRLSC) may provide free legal advice and representation at all hearing stages, including merits, summary, and preliminary hearings.

You may also seek representation from other legal clinics, a private lawyer or a paralegal at your own expense, or you can represent yourself at the hearing. For more information, see getting legal help.

For more information about how to prepare for the hearing, see the Guide to Preparing for a Hearing before the HRTO , and the HRLSC’s Guide to Virtual Hearings at the Human Rights Tribunal of Ontario and Preparing for a Hearing.

Timelines

You and the other party will receive a Notice of Hearing which gives the date and format of the hearing. You have 21 days after the notice of hearing is sent to provide any documents that are relevant to the application to the other party(ies). At this stage, you do not need to send copies of these documents to the HRTO, but you do need to complete and send the HRTO a Statement of Delivery (Form 23) . The form confirms that you have shared the documents with the other party.

No later than 45 days before your hearing, you must do two things:

1. Send the other party a list of all witnesses, a statement of each witness’ intended evidence, case summaries, and a list of the documents you will present at the hearing. You do not need to send the other party copies of the documents themselves if you have already provided them with a copy.
2. Send the HRTO your witness list, witness statements, case summaries, and copies of the documents you will use at the hearing.

For more information about disclosure of documents and witnesses, see Rule 16 and Rule 17 of the HRTO’s Rules of Procedure and the Guide to Preparing for a Hearing before the HRTO.

Case assessment direction

Sometimes, an adjudicator will issue a Case Assessment Direction (CAD) to help the parties prepare for the hearing. For example, a CAD may remind parties about the documents they are required to disclose to each other, identify issues which the adjudicator wants the parties to be ready to deal with at the hearing and/or confirm the format of the hearing. An adjudicator could also require the parties to participate in a case management conference call to help prepare for the hearing and issue a CAD after the call.

Hearing format, online resources and support

The HRTO will schedule your hearing as a video conference on Zoom.

Before the hearing, refer to the Zoom User Guide for step-by-step instructions on how to participate in a virtual proceeding. For more information to help you prepare for a virtual hearing on Zoom, see the Guide for video proceedings.

Accommodations are arrangements that allow everyone to participate fully in the HRTO process, regardless of their abilities. You can request an accommodation by submitting an Accommodation Request Form . For more information, review Tribunals Ontario’s website on requesting an accommodation.

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During the hearing

The role of the adjudicator

Before the hearing begins, the adjudicator may ask the parties if they wish to try mediation/adjudication. If they agree and sign a consent, the adjudicator will work with them to resolve the dispute.

Mediation/adjudication is an event that is similar to mediation. The key difference is, if the mediation/adjudication is not successful, the hearing will proceed and the same adjudicator will decide the application. The adjudicator will not consider what was heard or said in the mediation/adjudication when making a decision after the hearing. For more information about mediation/adjudication, see Rule 15A: Mediation-adjudication with agreement of the parties and A Guide to Mediation at Human Rights Tribunal of Ontario .

When the hearing starts, the adjudicator will describe the hearing process, identify what he or she understands to be in dispute and may ask the parties whether they can agree on any facts or issues. The adjudicator controls the hearing. Because the adjudicator must remain neutral, he or she cannot provide legal advice or tell a party how best to conduct its case. The adjudicator will often ask questions during the hearing. The adjudicator considers the evidence and the parties’ arguments and writes a decision explaining the result.

The role of the parties

During the hearing, the applicant and the respondent will present evidence to support their positions.

A party can question witnesses and introduce relevant documents as evidence. The parties make arguments about the facts and the law. Everyone participating in the hearing is expected to be courteous and respectful of the adjudicator and each other, per SJTO Common Rule A7 .

Decisions

At the Human Rights Tribunal of Ontario (HRTO), there are two different kinds of decisions: interim decisions and final decisions.

An interim decision may be issued before the hearing starts, during the hearing or after the hearing is completed but before a final decision is issued. Interim decisions:

1. may decide questions about how the hearing will proceed (for example, a request to remove a party or a request for an interim remedy)
2. may decide part of the application (for example, whether some of the allegations are untimely)

A final decision decides the dispute between the parties. A final decision can be made:

1. after a preliminary hearing, on issues like whether the application was filed in time, or the issues were dealt with in another proceeding
2. after hearing the evidence and submissions of the parties

If the application is not successful, it will be dismissed in the decision. If the adjudicator finds that discrimination or harassment has occurred, the application is allowed and, in the decision, the adjudicator may order remedies for the applicant.

Examples of remedies are:

1. monetary compensation (money)
2. a non-monetary award (human rights training for the respondent’s employees, building an accessible entrance)
3. an order to promote future compliance with the Human Rights Code, (develop human rights policies, training)

If your hearing lasted three days or less, you should receive your final decision within three months. If your hearing lasted longer than three days, you should receive your final decision within six months. These timelines start after the last hearing date or the date when closing written submissions were due. All of the HRTO’s decisions are published on the Canadian Legal Information Institute (CanLII) website.

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When you may make a request for reconsideration

The Human Rights Code says that the HRTO’s decisions are final and binding on the parties.

However, the HRTO may agree to reconsider a final decision if:

• a party has new facts that were not available at the time of the hearing which could change the result of the HRTO’s decision
• a party did not receive notice of the hearing and was unable to participate, through no fault of the party
• the decision conflicts with the HRTO’s procedure or case law and involves a matter of general or public importance.

Should a party wish to request a reconsideration of a final decision, a party must file a Request for Reconsideration (Form 20) with supporting documentation within 30 days of the date of the decision. For all HRTO forms and information about how to file, see Forms and filing.

Once a reconsideration decision has been made, no further reconsideration request can be filed.

The HRTO’s Rules of Procedure set out the process for requesting reconsideration. You can find more information about requests for reconsideration in the HRTO’s Practice Direction on Reconsideration .

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When you may request judicial review

There is no right to appeal the HRTO’s decisions. However, in limited circumstances, a party who is dissatisfied with a decision may apply to the Divisional Court for a “judicial review”. Applications must be made within 30 days of the decision, with limited exceptions.

For information about applications to the Divisional Court for judicial review, there is a Guide to Judicial Review in Divisional Court available at the Superior Court of Justice website.

The Divisional Court’s decisions are available on CanLII.

You may wish to get legal advice before requesting a judicial review.

What is a contravention of settlement application?

Many applications to the Human Rights Tribunal of Ontario (HRTO) are resolved without a full hearing. This is often because the parties to the HRTO application have agreed to settle the application on their own, through HRTO mediation or HRTO mediation/adjudication. In these instances, the parties sign a written settlement agreement containing various terms and conditions. The settlement agreement that the parties sign is usually referred to as a Minutes of Settlement or a Memorandum of Settlement. To be eligible to file a Contravention of Settlement Application, the parties must have previously completed and filed a Confirmation of Settlement Form (Form 25) with the HRTO.

Under section 45.9(8) of the Human Rights Code, where a party claims that the other party has breached a term or terms of a settlement agreement, an application may be made to the HRTO to enforce the terms.

For example, a term of your settlement may have been that the respondent agreed to pay an amount of money by a certain date. A contravention of settlement would typically occur if the respondent failed to pay all of the monetary compensation by the agreed upon date.

Rule 24 of the HRTO Rules of Procedure governs the process for contravention of settlement applications.

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How to make an application for contravention of settlement

You may submit an Application for Contravention of Settlement (Form 18) to the HRTO if:

• you were a party to a written settlement of an application made under section 34 or 35 of the Human Rights Code, and
• the settlement was signed by the parties, and
• you believe a party has contravened the settlement or you believe a party has contravened the settlement deadline

You must make your application within six months after the contravention to which the application relates, or if there was a series of contraventions, within six months after the last contravention in the series.

The HRTO may extend this time if the HRTO is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.

Follow these steps to make your application:

1. Fill out an Application for Contravention of Settlement (Form 18)
2. Attach a copy of the settlement
3. Deliver a copy of Form 18 to each party to the settlement
4. Complete a Statement of Delivery (Form 23)
5. File the completed Form 18 and Form 23 with the HRTO

For all HRTO forms and information about to how to file, see Forms and filing.