Illustration of an HRTO hearing with applicant and respondent seated at separate tables facing a panel of five adjudicators.
Recognized By
Best Law Firms in Canada 2025 Service Provider Award HRD Canada Canada HR Awards 2025 Excellence Awardee

The HRTO Process: 8 Steps Explained

The HRTO Process: A Step-by-Step Guide | Achkar Law
A Guide by Achkar Law

The HRTO Process, Step by Step.

From filing an application to receiving a decision, the Human Rights Tribunal of Ontario process can take months or years. This guide walks through each of the eight stages, what to prepare for, and where most applicants and respondents get tripped up.

What the HRTO Handles

A specific tribunal, with a specific job.

The Human Rights Tribunal of Ontario is a quasi-judicial body. It resolves applications alleging discrimination and harassment under the Ontario Human Rights Code. If your situation does not fall under the Code, the HRTO is not the right venue, and filing the wrong way can cost you the time you have to file properly.

Protected Grounds

Race, colour, ancestry, place of origin, citizenship, ethnic origin, disability, age, creed, sex (including pregnancy and gender identity), family status, marital status, sexual orientation, receipt of public assistance (in housing), and record of offences (in employment).

Areas of Jurisdiction

Employment, housing, services and goods, contracts, and membership in vocational associations and trade unions. Discrimination outside these areas may still be unlawful, but the HRTO is not the forum.

The HRTO operates under Tribunals Ontario. It can order remedies including financial compensation, mandatory human rights training, and changes to discriminatory policies or practices.

The HRTO Journey

Eight stages, from application to appeal.

Every HRTO matter moves through the same skeleton. Click any stage to read what happens, what to prepare, and where decisions are made.

Step 01 / Filing the Application

Open the file. Get the basics right.

The HRTO process begins when you submit an application alleging discrimination or harassment under the Ontario Human Rights Code. The form is on the HRTO's website. You can file online, by mail, or in person.

The single most common reason applications get into trouble at this stage is timing. You have one year from the last incident to file. If the discrimination is ongoing, the deadline can extend, but do not rely on it. Vague applications also create problems later, since the response and hearing are anchored to what you put in the form.

Prepare Before You File

  • Confirm your situation ties to a protected ground and a covered area
  • Collect emails, messages, witness names, dates, medical and HR records
  • Detail each incident with specific dates, locations, and people involved
  • Identify the remedies you are asking for, including compensation
Step 02 / Application Review

The HRTO's first gate.

Once filed, your application enters a screening review. The HRTO asks whether the matter falls within its authority under the Ontario Human Rights Code and whether the application meets the procedural and substantive requirements.

If yes, your application is accepted and forwarded to the respondent. If not, the HRTO will explain what is missing or why the matter belongs elsewhere. In some cases, you can refile after correcting the issues, but only if you are still within the limitation period.

What the HRTO Checks

  • Jurisdiction under the Code
  • Timeliness, typically within one year of the last incident
  • Completeness of the incidents, evidence, and remedies requested
Step 03 / Response from the Respondent

The other side's chance to answer.

The respondent receives a copy of the application and has roughly 35 days to file a written response. The response addresses the allegations point by point, explains the respondent's version of events, and identifies any evidence or arguments they will rely on.

This response shapes the rest of the case. A sloppy response can lock in concessions that hurt later. For applicants, it is your first look at the defence you will need to answer.

Respondent Priorities

  • Meet the 35-day window. Late responses can lead to default findings
  • Address every allegation. Silence on a point can be read as admission
  • Preserve internal documents, communications, and witness recollections
  • Get legal eyes on the response before it is filed
Step 04 / Mediation

The first real chance to resolve.

Mediation at the HRTO is voluntary, confidential, and conducted with a neutral mediator provided by the tribunal. Both sides must agree to participate. If a settlement is reached, it is documented in writing and binding on both parties. If not, the matter proceeds to the next stage and nothing said in mediation can be used at a later hearing.

Many HRTO matters resolve here. Mediation is faster, less adversarial, and gives the parties more control over the outcome than a contested hearing.

Walk in Prepared

  • Know your best outcome, your walk-away point, and what you can compromise on
  • Bring supporting documents even though the setting is informal
  • Bring a lawyer, paralegal, or trusted support person
  • Stay open to creative resolutions a hearing cannot order
Step 05 / Pre-Hearing Conference

Narrowing what will actually be argued.

If mediation does not resolve the matter, the file moves toward hearing. The pre-hearing conference is the bridge. A designated HRTO member leads a working session to clarify the issues, set timelines, agree on witnesses, and address procedural questions like document exchange.

This is also the last meaningful chance for settlement before hearing. Some cases resolve at the pre-hearing because seeing the issues laid out makes the cost of fighting more concrete.

What Gets Decided

  • The issues actually in dispute, narrowed and prioritised
  • Hearing dates, document deadlines, and witness lists
  • Procedural orders on disclosure, accommodations, and expert evidence
Step 06 / The Hearing

Your case, argued.

HRTO hearings resemble court trials but are less formal. Each side presents its case through documents and witnesses, then cross-examines the other side's witnesses. Both make legal and factual arguments, often referencing precedents and the Human Rights Code. An HRTO adjudicator presides, controls the process, and ultimately decides the case.

The standard of proof is the balance of probabilities. The adjudicator decides what is more likely than not to have happened, not what is certain.

Hearing Essentials

  • Evidence and testimony must be relevant and properly submitted
  • Witnesses testify under oath and can be cross-examined
  • Adjudicators expect good faith and respect for the process
  • Accommodations are available for language and accessibility
Step 07 / The Decision

Findings, analysis, and remedies.

The adjudicator usually reserves the decision, meaning they review the evidence and arguments before issuing a written ruling. The decision sets out findings of fact, applies the Ontario Human Rights Code and relevant precedents, and concludes whether discrimination or harassment occurred on the balance of probabilities.

If the claim is upheld, the decision specifies remedies. These can include monetary compensation for lost income or injury to dignity, orders to stop the discriminatory practice, mandatory training, and policy changes. HRTO decisions are published and become part of the public record.

What the Decision Includes

  • Findings of fact and the credibility of witnesses
  • Legal analysis under the Code
  • Outcome, substantiated or dismissed, with reasons
  • Remedies, including compensation, orders, training, and policy changes
Step 08 / Reconsideration and Judicial Review

When you believe the decision got something wrong.

The HRTO does not have a formal appeal in the way appellate courts do. Instead, there are two routes. A request for reconsideration is filed back to the HRTO. It applies only where there has been a significant error in the decision or where genuinely new evidence has emerged. It is not a rerun of the case.

A judicial review is brought to the Divisional Court. It focuses on whether the HRTO's decision was reasonable and lawful, not on whether the court would have decided the facts differently. Both routes have tight deadlines and require careful legal arguments.

Choose the Right Route

  • Reconsideration for a significant error or new evidence not previously available
  • Judicial review for a legal error, unreasonable decision, or jurisdictional issue
  • Both have short filing windows after the decision
  • Outcomes vary: upheld, set aside, or sent back for rehearing
01 / 08

Filing an application, or just received one?

The first steps you take can shape the entire case. Talk to our team before those steps lock in.

A Closer Look

Why mediation matters.

Most HRTO matters never reach a hearing. Mediation is offered after the response is filed, with a neutral HRTO mediator facilitating the conversation. Both sides remain in control of whether they agree, and nothing said in mediation can be used at a later hearing if no settlement is reached.

Three things make it work. It is voluntary and confidential, so both parties can speak openly. It is faster and cheaper, often resolving in a single session compared to the year-plus it takes to run a contested hearing. And it allows creative remedies a hearing cannot order, like apologies, references, or structured payments.

Walking in prepared matters more than walking in armoured. Know what you want, what you can compromise on, and bring someone who knows the room.

Representation

You can self-represent. Most who try, regret it.

The HRTO is designed to be accessible without a lawyer. That accessibility is real, and it has limits. Procedures, deadlines, and terminology take time to learn under pressure. Managing the emotional weight of the case alone, while it is happening to you, is its own challenge. Mediation in particular is a negotiation, and self-represented parties often leave value on the table.

Going It Alone

  • Learning procedure under deadline pressure
  • Carrying the emotional weight alone
  • Guessing at what evidence actually matters
  • Negotiating without practice
  • Significant time on top of your daily life

With Counsel

  • Procedural familiarity and fewer missed deadlines
  • Strategic framing within the Code and precedents
  • Evidence and witness preparation built around what adjudicators weigh
  • A negotiator at the table in mediation
  • A buffer between you and the day-to-day weight of proceedings

Not sure whether you need representation?

A short conversation before you file or respond is almost always worth the time.

Frequently Asked

Quick answers to common HRTO questions.

One year from the date of the last incident of discrimination or harassment. Where the conduct is ongoing or part of a continuing pattern, the deadline may run from the most recent event. Late applications can sometimes be accepted in good-faith circumstances, but never plan on that exception applying.
It varies. A matter that settles at mediation can resolve within months of filing. A contested hearing can take well over a year, sometimes two, from application to decision. Reconsideration or judicial review adds further time.
Monetary compensation for lost income and injury to dignity, feelings, and self-respect; orders to stop a discriminatory practice; mandatory human rights training; and changes to policies or procedures. Mediated settlements can also include items the tribunal cannot order, like apologies or references.
No. The HRTO is designed for self-represented parties. That said, applicants and respondents who use a lawyer or paralegal generally fare better, especially at mediation and at hearing. A short conversation with counsel before you file or respond is almost always worth the time.
Reconsideration is a request back to the HRTO, available where there has been a significant error in the decision or where genuinely new evidence has come to light. Judicial review is brought to the Divisional Court and focuses on whether the HRTO's decision was lawful and reasonable, not on the facts. Both have short deadlines.
Yes. Anything said in mediation cannot be used at a subsequent hearing if mediation does not produce a settlement. That protection is what allows both sides to speak openly and explore creative resolutions without fear that admissions will be turned against them later.
Calendar the 35-day response deadline immediately. Preserve all relevant documents, communications, and notes. Avoid discussing the matter informally with witnesses or the applicant. Contact counsel as early as possible. The response you file shapes the entire defence, and decisions made in the first weeks tend to stick.
Talk to a Human Rights Lawyer

Your case deserves real strategy.

Whether you are preparing to file, drafting a response, heading into mediation, or staring down a hearing, our team brings practical experience in human rights matters across Ontario.

© Achkar Law. All rights reserved.
Share This!