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What Is the Human Rights Tribunal of Ontario (HRTO)?
The HRTO is an independent tribunal that hears and decides human rights complaints in Ontario.
It deals with discrimination in:
- Employment
- Housing
- Services
- Contracts
- Membership in vocational associations or unions
Common grounds of discrimination include:
- Disability
- Sex or gender
- Race
- Age
- Family status
- Creed
- Sexual orientation
The HRTO does not prosecute criminal matters. It resolves civil human rights disputes.
Step 1: Filing an HRTO Application (Form 1)
The HRTO process begins when an applicant files Form 1, Application.
The application must include:
- The protected ground (e.g., disability, race, sex)
- A detailed description of events
- Dates and supporting facts
- The remedies requested
HRTO Time Limit
Applications must be filed within one year of the last discriminatory event.
Late applications may be accepted in limited circumstances, but delay can seriously weaken a claim.
Step 2: Responding to an HRTO Application (Form 2)
After the application is served, the respondent (often the employer) has:
35 days to file Form 2, Response.
The response should:
- Address each allegation
- Raise legal defences
- Include relevant documents
- Identify witnesses
Failure to respond properly can negatively affect the case.
Step 3: HRTO Mediation
The HRTO offers voluntary mediation.
Mediation is:
- Confidential
- Less adversarial
- Often faster than a hearing
Many HRTO cases resolve at mediation.
Settlements may include:
- Financial compensation
- Policy changes
- Workplace training
- Reinstatement
A mediated resolution is binding once agreed.
Step 4: Case Assessment and Summary Hearings
In some cases, the HRTO conducts preliminary reviews to determine whether:
- The application has a reasonable prospect of success
- The Tribunal has jurisdiction
- The matter should proceed to a full hearing
Applications may be dismissed at this stage.
This is where many unrepresented parties encounter procedural difficulties.
Step 5: Preparing for an HRTO Hearing
If mediation fails, the matter proceeds toward a hearing.
Both parties must:
- Exchange documents
- Provide witness lists
- Prepare legal submissions
- Meet strict disclosure deadlines
Failure to comply can harm your case.
Step 6: The HRTO Hearing and Decision
HRTO hearings may be:
- In person
- Virtual
- Based on written submissions
Each party presents:
- Opening statements
- Evidence and witnesses
- Cross-examination
- Closing submissions
The HRTO then issues a written decision.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Whether you are an employee asserting your rights or an employer responding to a claim, the Human Rights Tribunal of Ontario process can be complex and high-stakes. Speaking to an experienced lawyer early can help you make informed decisions and avoid costly missteps.”
Are HRTO Decisions Binding?
Yes.
HRTO decisions are legally binding.
If a party fails to comply, the order can be filed with the Superior Court of Justice and enforced like a court judgment.
What Remedies Can the HRTO Award?
The HRTO may order:
- Compensation for lost wages
- Damages for injury to dignity, feelings, and self-respect
- Policy changes
- Mandatory training
- Reinstatement
The HRTO does not award punitive damages in the same way courts do.
Judicial Review of an HRTO Decision
If a party disagrees with an HRTO decision, they may seek judicial review at the Divisional Court.
Judicial review is not a rehearing of the case.
The court reviews whether the Tribunal’s decision was reasonable and procedurally fair.
Strict timelines apply.
Common HRTO Questions
Human Rights Tribunal of Ontario.
It can range from several months to over a year, depending on complexity and scheduling.
Not legally required, but the process is procedural and evidence-driven. Legal representation can significantly affect outcomes.
Yes. Applications may be dismissed if outside the one-year limit, outside jurisdiction, or lacking evidence.
How a Human Rights Lawyer Can Help
Legal representation at the HRTO can:
- Strengthen applications and responses
- Improve settlement outcomes at mediation
- Prevent procedural dismissal
- Prepare witnesses and legal arguments
- Represent you at a hearing
- Advise on judicial review
Whether you are filing or defending an HRTO claim, preparation is critical.
Speak With an Employment and Human Rights Lawyer in Ontario
If you are considering filing an HRTO application or responding to one,
call: 1-800-771-7882
Early legal advice can prevent costly procedural mistakes and protect your rights.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©