Understanding the Ontario Human Rights Tribunal (HRTO): Process, Remedies, and Appeals

The Ontario Human Rights Tribunal (HRTO) plays a crucial role in protecting and enforcing fundamental rights under the Ontario Human Rights Code. It provides an accessible and effective forum for individuals who believe they have experienced discrimination or harassment in areas such as employment, housing, services, contracts, and membership in associations.

This post explores the HRTO’s role, jurisdiction, processes, available remedies, appeal mechanisms, and practical tips to help you navigate a human rights claim, whether you are filing an application or responding to one.

What is the Ontario Human Rights Tribunal (HRTO)?

The Ontario Human Rights Tribunal (HRTO) is a quasi-judicial tribunal established under the Ontario Human Rights Code. It operates as part of the Ontario Human Rights System, which also includes the:

• Ontario Human Rights Commission (OHRC)

  • Focused on systemic issues, public policy, and education.

    
    

• Human Rights Legal Support Centre (HRLSC)

  • Providing legal advice and representation to applicants.

Key Functions of the HRTO

The HRTO is designed to be more accessible and less formal than a court while still following rules of evidence and procedure.

Its primary functions include:

• Adjudicating discrimination and harassment claims under the Human Rights Code

• Mediating disputes between parties before a hearing

• Issuing binding decisions and enforceable remedies

• Encouraging early settlement to resolve matters efficiently

  
  

The Human Rights Tribunal of Ontario (HRTO) and the Ontario Human Rights Commission (OHRC) are both part of Ontario’s human rights system, but they serve very different roles. Understanding the distinction can help individuals decide where to direct their complaint or concern.

Key Differences from the Ontario Human Rights Commission

The HRTO and the OHRC are both essential parts of Ontario’s human rights system, but they serve very different roles. Understanding their distinct functions is important for anyone considering legal action under the Human Rights Code.

Human Rights Tribunal of Ontario (HRTO)

The HRTO is an adjudicative tribunal that hears and resolves individual human rights complaints.

• Function: 

  • It operates much like a court, holding mediations and hearings, determining whether discrimination occurred, and ordering legally binding remedies.

• Cases: 

  • These often involve specific incidents, such as a person being denied housing due to family status, terminated from employment because of a disability, or refused a service based on race.

• Remedies: 

  • The HRTO can order compensation, reinstatement, changes to policies, and mandatory training.

• Example: 

  • An employee is fired after disclosing a mental health condition. They file an application with the HRTO seeking reinstatement and compensation for injury to dignity.

Ontario Human Rights Commission (OHRC)

The OHRC addresses systemic discrimination and focuses on public interest issues rather than individual cases.

• Function: 

  • It conducts investigations, engages in public education, develops policies, and can intervene in significant legal proceedings or launch systemic cases before the HRTO.

• Cases: 

  • The OHRC may examine patterns of discrimination that affect large groups, such as systemic racism in policing or barriers to accessibility in public services.

• Impact: 

  • Its work can lead to broad policy changes and structural reforms across institutions and sectors.

• Example: 

  • The OHRC may investigate a school board for systemic racial discrimination in student discipline or intervene in a case involving widespread gender-based discrimination in a workplace.

Working Together: How HRTO and OHRC Interact

Although separate, the two bodies complement each other. The OHRC’s policy work and interventions often shape how the HRTO interprets and applies the Code. Individuals seeking personal remedies typically file with the HRTO, while those seeking systemic change may engage with the OHRC.

Jurisdiction and Scope of the HRTO

The HRTO has jurisdiction to hear discrimination and harassment cases in several areas:

• Employment: 

  • Hiring, termination, workplace policies, harassment, and accommodation.

• Housing: 

  • Access to rental units, terms of tenancy, and evictions.

• Goods, services, and facilities: 

  • Access to businesses, healthcare, education, and public services.

• Contracts: 

  • Discrimination in the negotiation or enforcement of agreements.

• Membership: 

  • Unions, professional associations, and vocational organizations.

    
    

Important: The HRTO does not have authority over federally regulated employers (for example, banks, airlines, telecommunications companies). These cases must be filed with the Canadian Human Rights Commission.

Protected Grounds Under the Human Rights Code

The Ontario Human Rights Code prohibits discrimination and harassment based on specific “protected grounds,” including:

• Race, colour, ancestry, place of origin, or ethnic origin

• Disability (physical, mental, developmental)

• Sex, gender identity, or gender expression

• Age

• Sexual orientation

• Family or marital status

• Creed (religion)

• Citizenship

• Record of offences (in employment)

Examples of discrimination that can be brought to the HRTO include:

• Employment: 

  • Termination based on disability or failure to accommodate religious practices.

• Housing: 

  • Refusing to rent to a family with children.

• Services: 

  • Denying access to a business, school, or healthcare facility based on race or disability.

    
    

Remedies Available at the HRTO

If the HRTO finds that discrimination has occurred, it can order a range of remedies designed to compensate for harm and promote systemic change.

Monetary Remedies:

• Compensation for injury to dignity, feelings, and self-respect.

• Lost income, wages, or benefits (in employment-related cases).

Non-Monetary Remedies:

• Reinstatement of employment or tenancy.

• Policy changes requiring organizations to remove discriminatory practices.

• Mandatory training on anti-discrimination and human rights obligations.

These remedies are meant not only to address the harm suffered by the individual but also to prevent similar violations in the future.

The Application and Hearing Process

The HRTO process consists of three key stages:

1. Filing an Application

• Applications must be filed within one year of the last alleged incident.

• They can be submitted online or by mail.

• The application must outline the facts, identify the protected grounds, and state the remedies sought.

  
  

2. Mediation

• Mediation is voluntary but strongly encouraged.

• Around 75% of HRTO cases settle during mediation.

• Mediation is confidential and allows for flexible, creative solutions.

  
  

3. Hearing

• If mediation is unsuccessful, the case proceeds to a formal hearing.

• Hearings may be held in person, by video conference, or by phone.

• Parties may self-represent or retain a lawyer.

• Each side presents evidence, calls witnesses, and makes submissions before a tribunal adjudicator.

Appeals and Next Steps

If you disagree with an HRTO decision, you have several possible avenues to challenge it. These range from internal review options within the Tribunal to external court proceedings. Understanding each option — and its limitations — is crucial before deciding how to proceed.

1. Reconsideration (Internal Review by the HRTO)

• Deadline: 

  • You must file within 30 days of receiving the decision

• Grounds: 

  • You must show a significant legal, factual, or procedural error, or present new evidence that could not have been obtained earlier

• Outcome: 

  • A different adjudicator can uphold, vary, overturn, or order a new hearing

This process is not a new hearing but a focused review of potential errors in the original decision.

2. Judicial Review (External Review by the Divisional Court)

• Deadline: 

  • Typically within 30 to 60 days of the decision

• Scope: 

  • Judicial review is not a re-hearing. The court examines whether the HRTO acted within its powers, made an error of law, or breached procedural fairness

• Outcome: 

  • The court may uphold the decision, overturn it, or send it back to the HRTO for reconsideration

    
    

3. Civil Court Proceedings (In Limited Situations)

• You may pursue a civil lawsuit only if you have not already filed an HRTO application and if other legal issues (such as wrongful dismissal or breach of contract) are involved

• Once you choose the HRTO process, you generally cannot bring the same issue to court

  
  

4. Charter Challenges (Exceptional Cases)

• In rare cases, you can challenge the HRTO’s decision on constitutional grounds under the Canadian Charter of Rights and Freedoms

• These arguments are usually part of a judicial review application and require specialized legal expertise

• The first step is usually to request a reconsideration of the decision.

Frequently Asked Questions About the HRTO

How long do HRTO cases take?

• Mediation: 

  • Usually within 3 to 6 months

• Hearing: 

  • Typically within 6 to 12 months

• Decision: 

  • Usually within a few months after the hearing

    
    

Is there a cost to file?

No. There is no fee to file an HRTO application. However, you may have legal costs if you retain a lawyer.

Do I need a lawyer?

Legal representation is not required but is highly recommended. A lawyer can strengthen your case, negotiate settlements, and handle appeals. Free legal support may be available through the Human Rights Legal Support Centre (HRLSC).

What if I miss the one-year deadline?

The HRTO may extend the deadline in rare situations if you can show it was not practicable to file earlier due to illness, trauma, or other serious barriers.

What if I lose my case?

• Reconsideration: 

  • File within 30 days

• Judicial Review: 

  • Apply to the Divisional Court within about 30 to 60 days

• Civil Lawsuit: 

  • Possible if no HRTO case was filed and other legal claims exist

• Charter Challenge: 

  • Rare and usually part of a judicial review

    
    

What happens if the other party does not comply?

If the respondent ignores the HRTO order, it can be filed with the Superior Court of Justice and enforced like a court judgment. Enforcement tools include wage garnishment, property seizure, or contempt proceedings.

Can the OHRC help with my individual case?

The OHRC does not handle individual applications. Its focus is on systemic issues and public policy. If you want remedies for a personal rights violation, you must apply directly to the HRTO.

Final Thoughts: Protecting Your Human Rights

The Ontario Human Rights Tribunal is a vital part of Ontario’s legal landscape. It ensures that individuals have a meaningful way to challenge discrimination and hold organizations accountable. Understanding how the HRTO works, from filing an application to pursuing appeals, can make the process less intimidating and significantly improve your chances of success.

At Lukings Law, we represent clients on both sides of human rights matters and provide clear, strategic guidance throughout the HRTO process. Whether you are filing a claim, responding to an application, or considering an appeal, we are here to help you navigate the system with confidence.

Contact us today to learn how we can support you in protecting your rights under the Ontario Human Rights Code.