Note: This webpage is currently under development. Thank you for your patience.
Guides:
- Completing the Application (Section 8) – The Facts
- Completing the Application (Section 10) – The Remedies
- Interim Remedies
- Expedited Proceedings
- Respondents Response (Form 2) to an Application
- Applicants Reply – Form 3
- Access to Information and Protection of Privacy
- Requests for Orders During Proceedings
- Deferral of an Application
- Early Dismissal of an Application
- Summary Hearing
Guide Index:
Your Human Rights in Ontario
- The Ontario Human Rights Code
- Human Rights Tribunal of Ontario
- The Human Rights Legal Support Centre
- Ontario Human Rights Commission
Your Human Rights in Canada
- Canadian Human Rights Act
- Canadian Human Rights Commission
- Canadian Human Rights Tribunal
- Canadian Charter of Rights and Freedoms
Glossary of Common Legal Terms
Choosing where to file your human rights claim or complaint
- Introduction
- What is a legal forum?
- How do I choose a legal forum to file a human rights claim?
- What if I file a human rights claim at the HRTO and in another legal forum?
- When would a HRTO application be dismissed because of another legal proceeding?
- Where can I get legal help?
Limitation Periods
- Introduction
- What is the time limit for filing an application at the HRTO?
- What is a series of incidents?
- What is a series of contraventions?
- How does the HRTO deal with an application filed outside a limitation period?
- What legal test is used to decide whether to dismiss an application for delay?
- When will a delay be incurred in good faith?
- When will a delay cause substantial prejudice?
- What if the HRTO decides to dismiss an application because of delay?
Legal Capacity and Litigation Guardians
- Introduction
- Can the HRTO appoint a litigation guardian?
- How can I become a litigation guardian?
- How can I become a litigation guardian for a minor?
- When is a litigation guardian not required for a minor?
- How can I become a litigation guardian for a person with mental incapacity?
- When is a litigation guardian not required for a person who has some mental capacity?
- What if there is already someone with the power to make decisions for a person without legal capacity?
- What are the responsibilities of a litigation guardian?
- Can a litigation guardian be paid?
- What if one party believes that another party is without legal capacity?
- Can a litigation guardian be removed?
- When is there a conflict of interest?
- What if there is a conflict with another person’s decision-making authority?
- What if a person with a litigation guardian later gains legal capacity?
- What if a litigation guardian is unable or unwilling to continue?
Understanding Discrimination and Harassment
- Introduction
- What is the purpose of the Code?
- What is discrimination?
- What is harassment?
- What is the test for proving discrimination?
- Is the negative treatment connected to a protected characteristic under the Code?
- Is it always discrimination if a person is treated differently because of a Code-protected personal characteristic?
- What is evidence?
- What is circumstantial evidence?
- What about the credibility of evidence?
- What if the evidence about a respondent's actions is in a respondent’s possession?
- Does a protected characteristic under the Code have to be the only factor in a discriminatory act?
- Do I have to prove an intent to discriminate?
- What amount of proof is needed to prove discrimination?
- What defenses can a respondent raise against a claim of discrimination?
- What defenses can a respondent raise against a claim of harassment?
Understanding the Duty to Accomodate
- Introduction
- What is the procedural duty to accommodate?
- What is the substantive duty to accommodate?
- What type of needs can be accommodated?
- Is accommodation the same for everyone?
- What are examples of the duty to accommodate?
- How do I ask for accommodation?
- After I ask for accommodation, what should happen next?
- What is the duty to cooperate in the accommodation process?
- What if there is a dispute about my request for accommodation?
- Is there any limit to the duty to accommodate?
- What is undue hardship?
Completing and Filing an HRTO Application (pdf file) 
Completing the Application (Section 4) – The Respondents
- Introduction
- Who should be named as a respondent?
- Can a union be a respondent?
- Can the Ontario provincial government be a respondent?
- Can the federal government or a federally regulated organization be a respondent?
- What type of information must be provided for a respondent?
- What is the correct legal name of an organizational respondent?
- What is a corporate search?
- What is the correct legal name of a personal respondent?
- If there is workplace discrimination, should employees of the organizational respondent be named as personal respondents?
- If there is workplace harassment, who should be named as a respondent?
- If there is workplace harassment, when is an employer liable?
- What if an organizational respondent accepts liability for a personal respondent?
- How can a respondent be removed from an application?
- How can a respondent be added to an application?
- Can a reconsideration be requested of a decision to remove a named respondent?
- Can a reconsideration be requested of a decision to add a proposed respondent?
- Can a reconsideration be requested of a decision to not add a proposed respondent?
Completing the Application (Section 8) – The Facts
- Introduction
- How do you set out the facts in an application?
- What is an example of how the facts might look like in an application?
- What if the application is about a discriminatory policy or practice?
- What if a description of every incident or event of discrimination is not included in my application?
Completing the Application (section 10) - The Remedies
- Introduction
- What types of remedies may be ordered?
- What types of monetary compensation may be ordered?
- What are general damages?
- What are special damages?
- What are examples of special damages?
- How much in general damages is reasonable?
- How much in special damages is reasonable?
- Is there a duty to try to limit any monetary losses?
- Is interest included in an order for monetary compensation?
- What non-monetary remedies may be ordered?
- What are public interest remedies?
- Are legal costs able to be ordered?
- What about changing or amending a request for remedies?
- May a different remedy be ordered than what was requested?
- What does a HRTO remedies order look like?
Interim Remedies
- Introduction
- How is an interim remedy requested?
- What is a declaration?
- What happens next after a request for an interim remedy?
- What is the legal test for an interim remedy?
- What if a request for an interim remedy is granted?
- Can a reconsideration be requested if an interim remedy is granted or denied?
Expedited Proceedings
- Introduction
- How is a request to expedite an application made?
- What is a declaration?
- What happens after a request to expedite is filed?
- What legal test is applied in a request to expedite an application?
- What happens if a request to expedite is granted?
- What happens if a request to expedite is denied?
- Can a reconsideration be requested if a request to expedite is granted or denied?
Respondents Response (Form 2) to an Application
- Introduction
- Is there a time limit for a respondent to file a Response (Form 2)?
- Does a respondent always have to complete a full Response (Form 2)?
- What if a Response (Form 2) asks for a deferral of the application?
- What if a Response (Form 2) asks for an early dismissal of the application?
- What information must a respondent include in their full Response (Form 2)?
- What may happen if a respondent does not fully complete a Response (Form 2)?
- What may happen if a respondent does not file a Response (Form 2)?
- What happens after a Response (Form 2) is accepted by the HRTO?
Applicant’s Reply (Form 3) to a Response
- Introduction
- Is a Reply (Form 3) always necessary?
- What should I include in my Reply (Form 3)?
- How do I decide what is a new matter to include in my Reply (Form 3)?
- What is not a new matter that I do not need to include in my Reply (Form 3)?
- What if I disagree with some of the facts that the respondent states in the Response?
- Who gets a copy of my Reply (Form 3)?
- Is there a deadline to file my Reply (Form 3)?
- Does the respondent get to respond to my Reply (Form 3)?
Access to Information and Protection of Privacy
- Introduction
- What is the open court principle?
- What is the Tribunal Records Adjudication Act (TARA)?
- How is an access to information request made under the TARA?
- What is a confidentiality order under the TARA?
- What is an anonymization order?
- What is a sealing order?
- What is a publication ban order?
- What is an exclusion order?
- How do I request an anonymization, publication ban, sealing or exclusion order?
- May a reconsideration be requested of a confidentiality order?
Requests for Orders During Proceedings
- Introduction
- What types of RODP may be made?
- How may a party make a request for an RODP?
- What happens after a party makes an RODP?
- How will the HRTO respond to an RODP?
- May a request for reconsideration be made of an RODP decision?
Deferral of an Application
- Introduction
- Who may request a deferral of a HRTO application?
- If a respondent or the HRTO seeks to defer a HRTO application, may I make submissions?
- How will the HRTO decide whether to defer a HRTO application?
- When the other legal proceeding has concluded, may I re-activate the deferred HRTO application?
- If the HRTO application was deferred, does the other legal proceeding have to conclude before the HRTO application may be re-activated?
- If the HRTO defers a HRTO application, may a request for reconsideration be made?
Early Dismissal of an Application
- Introduction
- What are the types of early dismissal of a HRTO application?
- How does a respondent seek an early dismissal of a HRTO application?
- If a respondent or the HRTO seeks an early dismissal of a HRTO application, may submissions be made?
- If a HRTO application was dismissed early, may a request a reconsideration be made?
Summary Hearing
- Introduction
- How is a request for a summary hearing made?
- How may I respond to a request for a summary hearing?
- What does the HRTO do after getting a request for a summary hearing?
- What if there is a HRTO initiated summary hearing?
- Do the HRTO’s Rules about disclosure of documents and witness statements apply to a summary hearing?
- How may I prepare for a summary hearing?
- What will happen at a summary hearing?
- What happens after a summary hearing is over?
- If I lose at a summary hearing, may a request a reconsideration be made?
Preparing for mediation
- What do I need to know about mediation?
- Applicant’s guide to preparing for a mediation at the Tribunal
Preparing for a hearing
- Proving discrimination
- Requiring a witness to attend a hearing
- Applicant’s guide to preparing for a hearing at the Tribunal
- Rescheduling and adjournments
- Disclosure
- Finding human rights decisions