This is general information only. It is not legal advice about your situation. This publication is not a substitute for a lawyer’s research, analysis, and judgment. This information is reliable as of the date of its publication (January 2021). You should be aware that the law and procedures under the Human Rights Code (Code) and at the Human Rights Tribunal of Ontario (HRTO) are subject to change without notice.
- 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?
After an Application (Form 1) has been filed at the Human Rights Tribunal of Ontario (HRTO), a party to the proceeding may make a Request for an Order During Proceedings (RODP) under Rule 19 of the HRTO Rules of Procedure (HRTO Rules) by using the HRTO Form 10.
The HRTO deals with numerous RODP and often makes many procedural decisions during a proceeding. Examples of RODP include requests to add a party, to amend an Application or to order a party to disclose documents.
RODP decisions are usually made by the HRTO in the form of an interim decision or a Case Assessment Direction (CAD). The HRTO strives to resolve the parties’ procedural disputes by ruling on RODP well in advance of a merit hearing. When this is not possible the HRTO has another pre-hearing process known as Case Management Conference Calls (CMCC). At a CMCC, the HRTO can address, among other things, procedural issues that have not yet been resolved as the hearing draws nearer.
For more information about the CMCC, see the HRTO Practice Direction on New Case Processing System and Case Management Conference Calls and the Centre’s self-help guide: Case Management Conferences.
An RODP may be made on a wide range of procedural matters that arise in a HRTO proceeding, including requests:
- to consolidate Applications so they are heard together;
- to add a party;
- to amend an Application or Response (Form 2);
- to defer an Application;
- to re-activate a deferred Application;
- for particulars;
- for production of documents; and
- to request a confidentiality order such as an anonymization (see the Centre’s self help guide: Access to Information and Protection of Privacy).
This list is not exhaustive. If your RODP is not listed in the HRTO Form 10, then you must check the box for “Other” and explain the type of order that you are requesting.
There are several steps to making an RODP. First, fill out a Form 10 and include all documents you are relying on with this Form 10. The Form 10 has several sections that ask for the following information:
- check off what you are requesting;
- describe the order requested in detail;
- explain the reasons for the request, including any facts relied on, legal submissions and case law in support of the request;
- advise of the other parties’ consent to your request;
- where requesting production of documents, explain if the document has already been requested and any response received;
- attach any documents you rely on to support your request;
- check off how you wish to the HRTO to hear your request (in writing, by conference call or in person); and
- advise if the other parties agree with your choice as to how the HRTO should hear your request.
Second, deliver a copy of Form 10 to all parties and any person or organization who has an interest in the RODP. Third, complete a Statement of Delivery (Form 23). Fourth, file the Form 10 and Form 23 with the HRTO.
If there is an RODP that request a non-party provide a report, statement or oral or affidavit evidence, then the Form 10 must be delivered to the non-party in addition to the other parties in the proceeding.
After a party serves and files an RODP, the other party can respond to it. The procedure is the same for both applicants and respondents.
First, fill out the HRTO’s Response to an RODP (Form 11) which includes indicating what you are responding to, your Response to the RODP and the reasons for your Response. If you are relying on any documents for your Response, you must provide copies of those all documents.
Second, deliver a copy of the Form 11 to all other parties and any other person or organization that has an interest in the RODP. Third, complete a Statement of Delivery (Form 23). Fourth, file the Form 11 and Form 23 with the HRTO.
You must file your Response (Form 11) to an RODP not later than fourteen (14) days after the RODP was delivered to you.
The HRTO will review the Form 10 and Form 11 and consider the parties’ documents, evidence, arguments, and submissions. Typically, the HRTO will issue a written decision on the RODP as an interim decision or a CAD.
However, the HRTO may not always issue an interim decision or CAD in advance of a HRTO mediation or hearing. It often depends on what type of RODP is being requested and at what stage of the HRTO proceeding the RODP is being made.
In most cases, a reconsideration under HRTO Rule 26 will not be available from an HRTO interim decision ruling on an RODP because most RODP decisions are not final decisions and are not subject to the HRTO’s powers of reconsideration. In addition, where a RODP is decided in a HRTO CAD, this is not a HRTO order or decision that may be reconsidered under Rule 26.
There are some rare exceptions when a reconsideration of an RODP decision could be sought. For example, where an interim decision denies an applicant’s RODP request to add a respondent to the application. Because the decision to not add a respondent is a final decision regarding the potential liability under the Code for that respondent, it would fall within the scope of Rule 26.