Summary
The Human Rights Tribunal of Ontario (HRTO) decides complaints of discrimination and harassment under Ontario’s Human Rights Code. You start the process by filing an application (Form 1), usually within one year of the last incident. The other side then files a response. Many cases settle at mediation. Those that do not go to a hearing. The process is designed so people can file on their own, but a well-drafted application makes a real difference to the outcome.
Filing a human rights claim can feel overwhelming, especially when you are still dealing with what happened. This guide walks through each stage so you know what to expect.
What can the HRTO deal with?
The HRTO hears claims that someone was discriminated against, harassed, or punished for asserting their rights, based on a protected ground, in a protected area of life.
The protected grounds in the Code include race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex (including pregnancy), sexual orientation, gender identity, gender expression, age, marital status, family status, disability, and record of offences (in employment).
The protected areas are employment, housing, services and facilities, contracts, and membership in unions or professional associations.
To bring a claim, there must be a link between the ground and the poor treatment. Unfair treatment alone is not enough. For example, being fired after disclosing a disability, or being refused a rental because you have children, can be discrimination.
The HRTO only covers provincially regulated organizations. Federally regulated employers, such as banks, airlines, telecommunications companies, and the federal government, fall under the Canadian Human Rights Act instead.
What is the deadline to file with the HRTO?
You must generally file within one year of the incident. If there was a series of incidents, the year runs from the last one. This comes from section 34(1) of the Human Rights Code, RSO 1990, c H.19.
The HRTO can accept a late application if the delay was incurred in good faith and no one will be substantially prejudiced (s 34(2)). Do not count on this. Late applications are often dismissed.
Internal complaints, union grievances, and workplace investigations do not pause the one-year clock. If you are using an internal process, keep an eye on the date and still file within the one year time limit.
How do I file an HRTO application?
You file an Application (Form 1) through the Tribunals Ontario online portal. There is no filing fee.
Here is the process, step by step.
Confirm the basics. Check that your claim involves a protected ground and area, that it is provincially regulated, and that you are within one year.
Name the respondents. These are the people and organizations you are claiming against. In employment cases, this is usually the employer and sometimes individual managers or co-workers.
Set out what happened. Describe each incident in date order, with who was involved, what was said or done, and how you were affected.
Explain the link to the ground. Say why you believe your disability, sex, race, family status, or other ground was a factor.
State the remedy you want. This can include money and changes to policies or practices.
Attach key documents, if helpful. Emails, texts, medical notes about restrictions, and termination letters are common examples.
Submit the form and keep a copy.
What should I include to make my application strong?
A strong application is specific, organized, and connects the facts to the Code.
Use dates, names, and direct quotes where you can. Write in the first person. Describe the effect on you, including on your health, finances, family, and sense of dignity. Avoid general statements like "they treated me badly" without examples.
Keep your own record as well. Write a timeline now, while events are fresh, and save documents outside any work account you may lose access to.
What happens after I file?
After you file, the HRTO reviews your application and sends it to the respondents. Here is what usually follows.
The respondent files a Response (Form 2), setting out its side of the story.
You may file a Reply if the Response raises new issues.
The HRTO offers mediation. Mediation is voluntary and confidential. A tribunal mediator helps the parties try to reach a settlement.
If the case does not settle, the HRTO schedules it for a hearing. The parties exchange documents and witness lists before the hearing.
At the hearing, an adjudicator hears evidence and argument and issues a written decision.
The HRTO can also dismiss applications early in some situations. This includes where another proceeding has already dealt with the substance of the claim, or where the application has no reasonable prospect of success.
The process can take a long time. Many applicants wait well over a year for a hearing date, so settlement at mediation is a common and often practical outcome.
What can I get if I win at the HRTO?
Under section 45.2 of the Code, the HRTO can order:
compensation for lost wages and other financial losses
compensation for injury to dignity, feelings and self-respect
changes to the respondent's policies, training, or practices
reinstatement, in some employment cases
The HRTO does not award legal costs to the winning party, and it does not award punitive damages.
Should I go to the HRTO or to court?
It depends on your situation. If you were fired, you may have both a wrongful dismissal claim and a human rights claim. A court can award human rights damages under section 46.1 of the Code, but only alongside another valid legal claim, such as wrongful dismissal.
You generally cannot pursue the same human rights claim in both places at once (s 34(11)). The choice affects timelines, costs, and the remedies available, so get advice before filing. See our post on being fired without cause in Ontario for the employment side.
Frequently asked questions
Do I need a lawyer to file at the HRTO? No. Many people file on their own. The Human Rights Legal Support Centre also offers free help to some applicants. A lawyer can help you frame the claim, meet deadlines, and assess settlement offers.
Can my employer punish me for filing? No. Section 8 of the Code protects you from reprisal for claiming or enforcing your rights. Reprisal can be its own claim.
What if I signed a release? A signed release may bar your human rights claim. Get advice before signing anything if you think you have a human rights issue.
Is the hearing public? HRTO hearings and decisions are generally public. Mediation is confidential. You can ask the HRTO to anonymize a decision in some situations but they do not grant this unless there are extreme circumstances warranting it.
How much is my claim worth? Awards depend on the facts. They vary with how serious the conduct was, how long it lasted, and its effect on you. A lawyer at our firm can review recent HRTO decisions that look like yours.
This post provides general information about Ontario human rights law. It is not legal advice. Contact Bird Bolt Law to discuss your circumstances.