Human Rights Tribunal of Ontario Respondent's Guide

(Disponible en français)

This guide is available on the Internet at tribunalsontario.ca/hrto and in various accessible formats including audio tape and large print. For an alternative format or a paper copy, please contact the Human Rights Tribunal of Ontario at telephone: 416-326-1312, Toll Free: 1-866-598-0322, TTY: Toll Free: 1-800-855-0511.

Read each part of this guide as you fill out your Response. This guide provides general information only. It should not be taken as legal advice or a determination of how the Tribunal will decide any particular issue.

How to get Help

Accommodations

Copies of this guide and the forms and documents referred to below are available in print and in alternate formats by contacting the HRTO.

Contact the HRTO if you need help participating in any of the HRTO's processes or if you would like to request an accommodation for a Code-related need. The Tribunals Ontario Accessibility and Accommodation Policy explains what to expect when requesting an accommodation.

It is strongly recommended that you send your request in writing by email, if possible. In your request you should explain what you are requesting and why.

Getting Legal Advice

If you think you need legal assistance, it is strongly recommended that you consult with a lawyer or paralegal to learn about your rights and options. In addition to the services highlighted below, the Government of Ontario has a webpage with information about how to find legal advice.

Law Society Referral Service

Through the Law Society Referral Service you can request the name and contact information of a lawyer or paralegal who will provide a free consultation of up to 30 minutes to help you determine your rights and options.

 

Legal Aid Ontario

Legal Aid Ontario and its legal clinics provide low-cost legal services to people with low incomes. Some clinics may provide specialized legal services to certain communities, such as people with disabilities, people of colour, and LGBTQ2+ people.

Information about the Human Rights Code

You have been named as a Respondent in an Application to the Human Rights Tribunal of Ontario (the Tribunal). The Applicant alleges that you discriminated against or harassed them in a way that is contrary to the Ontario Human Rights Code, R.S.O. 1990, Chapter H.19 (the Code).

The Code is an Ontario law that gives every person the right:

The five social areas are:

The grounds of discrimination are:

In addition, the Code prohibits:

The Role of the Human Rights Tribunal of Ontario

The Human Rights Tribunal of Ontario (HRTO) is responsible for resolving Applications filed by individuals, or filed on behalf of another individual, which claim discrimination, harassment or reprisal under the Code. References to “discrimination” in the rest of this guide include “harassment” and “reprisal”. The Tribunal also resolves Applications filed by the Ontario Human Rights Commission.

At any time after an Application is filed, the HRTO shall schedule the matter for mediation except in cases where the HRTO determines that another proceeding is a more appropriate next step. In those circumstances, parties will be advised of the next steps. The HRTO may dismiss an Application as outside its jurisdiction or because it has no reasonable prospect of success without holding a mediation.

Where the Tribunal directs a party, including an applicant, respondent, or intervenor or affected person, to attend mediation, that party's attendance shall be mandatory. Parties can request an exemption for exceptional circumstances.

The HRTO will try to help both sides reach an agreement that settles the Application. All matters disclosed during mediation are confidential and may not be raised before the HRTO or in other proceedings, except with the permission of the person who gave the information.

If an Application cannot be settled, the Application will proceed through the HRTO’s processes. The HRTO may, among other actions, request written submissions from the parties, determine jurisdictional issues based on written submissions, hold a hearing on preliminary issues or issues of whether an Application should be dismissed in whole or in part for having no reasonable prospect of success, and/or hold a hearing on the merits of the Application. The HRTO may issue Case Assessment Directions, Endorsements, Notices to the parties, Interim Decisions and final Decisions as the Application proceeds through its processes. If the HRTO finds that the applicant experienced discrimination, the HRTO can make an order to address the discrimination. This can include ordering the Respondent to pay financial compensation to the applicant, and/or make orders to prevent further human rights violations. If the HRTO finds that discrimination did not occur, it will dismiss the Application.

Whether through mediation or a hearing, the HRTO works to resolve Applications on the basis of the facts and the law. The HRTO Rules and procedures are designed to deal with all Applications fairly and expeditiously, and in a way that ensures parties can understand and fully participate.

Using This Guide

As a Respondent named in an Application to the HRTO, you respond to the allegations made in the Application. If you fail to file a response, within the time specified in the Rules, the HRTO may determine that you have violated the Code and make an order against you, without any further Notice to you. Follow the instructions in this Guide for filling out your Response Form. Make sure that your Response Form is complete and correct.

Understanding Discrimination

For general information about discrimination and the Code, visit ohrc.on.ca or phone 1-800-387-9080.

The Ontario Human Rights Commission (OHRC) develops policies and education and outreach programs, monitors human rights, conducts research, analysis, and enquiries related to human rights in Ontario. It generally does not assist individual applicants on a case-by-case basis; however, the OHRC website is a useful resource for people who want to understand their rights and obligations under the Code.

Ontario Human Rights Commission Contact Information:

Website: ohrc.on.ca
Email: info@ohrc.on.ca
Telephone (toll-free): 1-800-387-9080
Telephone (Toronto): 416-326-9511
TTY (toll-free): 1-800-308-5561
TTY (Toronto): 416-326-0603

Defining discrimination under the Code

The Ontario Human Rights Code is the law that defines the situations where discrimination is not allowed. Not all unfair conduct or unequal treatment is discrimination under the Code.

The Code says that every person has the right to:

When a person believes that discrimination has happened to them, they have the right to apply to the Human Rights Tribunal of Ontario. When they do this, they are referred to as the Applicant.

On the Application Form (Form 1), the Applicant must name the people or organizations they believe are responsible for the discrimination being claimed. These people are called Respondents.

When does the Code not apply? Examples of exemptions

The Code includes some exceptions to the rule against unequal treatment on a discriminatory ground. For example, although the Code states that a person cannot be treated differently because of their age, it allows different insurance rates based on age.

Another example of an exemption occurs in housing. The Code allows an owner to refuse to rent to someone based on their gender or race if:

To find out if your situation falls within an exemption, you should get legal advice.

Other Proceedings

Applications where there is a civil court action based on the same facts

In most cases the Code does not allow an Application where there is civil court action based on the same facts if a remedy is sought there for the alleged human rights violation. If there is a related civil action, you may ask the HRTO to for an early dismissal of the Application.

An Application can be filed if the court action was withdrawn.

Applications where another proceeding is reviewing the same facts

There may be another proceeding that is dealing with the same facts, such as:

In these cases, an Application can still be filed, but

Applications that are the same or substantially the same as a complaint previously filed with the Ontario Human Rights Commission

The transitional provisions of the Code have special rules that deal with complaints filed directly with the Ontario Human Rights Commission prior to June 30, 2008. In most cases the Code prevents an Applicant from making a new Application which is based on the same facts as a previously filed complaint.

Completing Your Response

Tribunal file number

You will find the Tribunal File Number on the letter sent to you by the HRTO. Please refer to this number on any correspondence or documents you send to the HRTO.

Contact information for Respondents

Contact information for Respondents has three sections:

1. Respondent Contact Information

If you were personally named as a respondent, complete this section and make sure you give your complete contact information and the best way to contact you.

If the Applicant named your organization as a Respondent. Type an x in the box that best describes your organization's legal status. Give complete contact information for the person in the organization who will have the authority to negotiate on behalf of the organization and make binding agreements to settle this matter.

2. Representative Contact Information (if you have one)

If you have a representative, all communication from the HRTO and the Respondent will go to your representative. You must give us their complete contact information. You must first check the box that authorizes this person to act as your representative.

Note: You may file the Response on behalf of another respondent but only if the other respondent has received a copy of the Application and authorized you to file on their behalf.

Note: You must tell the Tribunal the best way to send information to you - you can choose mail, email or fax. If you check off email as the best way to contact you, you will have consented to the Tribunal, the Respondent(s) and any other party delivering documents and other information to you by email.

Contact Information - Affected Person(s) or Organization

3. Affected Person(s) or Organization Contact Information

Complete this section if you know of any other person or (organization, such as a union or occupational), association which might be affected by this Application to the HRTO. They are entitled to notice of the proceeding. Please give complete contact information for each person or group you name. Add more pages if needed.

Request for Early Dismissal of the Application

4. Request for early dismissal

You may ask the HRTO for an early dismissal of the Application without fully completing this Response Form only in the situations listed in Section 4.1 of the Response. If this section applies to you, put an x in the box beside each situation that applies and attach a copy of each document that you are required to give to the Tribunal. Be sure to put the Tribunal File Number, your name, and the Applicant’s name on each document.

In all other cases, you may ask the HRTO to dismiss the Application, but you must complete the entire Response Form.

When the Tribunal receives your Response Form, the Tribunal may ask the Applicant for comments about your request to dismiss the Application. After it hears from all parties, the Tribunal will decide whether or not to dismiss the Application at this stage of the proceedings. The Tribunal will provide the parties the opportunity to make submissions prior to dismissing any Application.

If the Tribunal decides it is not appropriate to dismiss the Application at this stage, based on the situation you identified, you will be required to submit a complete Response Form.

Note: You must attach a copy of the document referred to in your Response Form. You may also attach a fuller explanation of why the situation you identified should result in an early dismissal of the Application.

You may also ask the HRTO for an early dismissal of the Application if there has been another proceeding that has appropriately dealt with the substance of the Application.

If you believe this section applies to you, follow these steps:

  1. Name the other proceeding.
  2. Explain why you believe the other proceeding has in whole or in part appropriately dealt with the substance of the application.
  3. Attach a copy of the decision and the document(s) that started the other proceeding.
  4. You must complete the remainder of this Response Form.

When the Tribunal receives your Response Form, the Tribunal may ask the Applicant for submissions about your request to dismiss the Application. After it hears from all parties, the Tribunal will decide whether or not to dismiss the Application, at this stage of proceedings. The Tribunal will always provide the parties an opportunity to make oral submissions prior to dismissing an Application on this basis.

Note: You must attach a copy of the other decision to your Response Form.

Request to Defer the Application

5. Request to Defer

The substance of this Application may be part of another type of proceeding, such as:

If the proceeding is still going on, you can ask the HRTO to defer (postpone) the Application until there is a decision.

If the issues in dispute are the subject of an ongoing grievance or arbitration brought under a collective agreement, you can ask for deferral without fully completing the balance of the Response Form. However, you must provide the contact information in sections 1- 3.

You should also include any submissions you want to make to support your position that the Application should be deferred until the grievance or arbitration has concluded.

The Tribunal may also direct you to file a complete Response if it considers it appropriate.

If the issues in dispute are not the subject of an ongoing grievance or arbitration brought under a collective agreement, you may still ask the Tribunal to defer the Application, but you must complete the entire Response and attach a copy of the document that commenced the other proceeding and confirm it is still ongoing.

When the Tribunal receives your Response, the Tribunal may request comments from both the Applicant and any other parties to decide whether or not to defer (postpone) the Application.

Note: You must attach a copy of the document that commenced the other proceeding to your Response.

Responding to the Allegations in the Application

6. Responding to the Allegations

This question is your chance to tell the Tribunal your side of the story. Respond to each allegation of discrimination found:

Facts that support your response

Tell the Tribunal:

7. Exemptions

The Code includes some exemptions to the rule against unequal treatment on a discriminatory ground. To find out if your situation falls within an exemption, you should get legal advice.

If you are relying on one of the exemptions in the Code, you should indicate that here and explain why.

If this is the case, Form 1-A, Questions about Employment, will be attached to the Application. Read over all of the information about the allegations. You must answer all of the questions in this section.

8. Declaration and signature

Before you sign your Response Form, carefully read the declaration that goes above your signature.

The HRTO will use the information you have sent us to deal with this Application and to fulfill our responsibilities under the Human Rights Code.

The information in your Response, as well as other information about this case, may become public in the course of the HRTO’s processes. For example, your information will become public at the hearing and in the HRTO's decision.

The law requires the HRTO to share both the application and any filed response with the Ontario Human Rights Commission, if requested.

Your information could also become public in response to a request.

The Tribunal has policies for responding to requests for information, as well as requests to keep information private. Our responses are based on balancing privacy interests with the public's interest in having a transparent legal process.

Signing your Response

When you sign your Response, you declare that your response is as complete and accurate as you can make it. Do not sign until you are sure that you can declare this.

If you are filing your response electronically, type in your name (last name, first name) and the date. This represents your legal signature.

If you need accommodation

Copies of this guide and the forms and documents referred to below are available in print and in alternate formats by contacting the HRTO.

Contact the HRTO if you need help participating in any of the HRTO's processes or if you would like to request an accommodation for a Code-related need. The Tribunals Ontario Accessibility and Accommodation Policy explains what to expect when requesting an accommodation.

It is strongly recommended that you send your request in writing by email, if possible. In your request you should explain what you are requesting and why.

Where to send your Response

Registrar
Human Rights Tribunal of Ontario
15 Grosvenor Street, Ground Floor
Toronto, ON M7A 2G6
email: HRTO.Registrar@ontario.ca

Note: Submit your response only once. If the HRTO receives this response more than once, it will only accept the first Response received.

What happens after you file your Response

Here are the stages in the process after the Tribunal has received your response:

  1. If this Response is not complete the HRTO will, return it to you with an explanation of how it is not complete. You will have 20 days to resubmit the complete Response.
  2. An adjudicator will review the Application and Response to see if the discrimination alleged is covered by the Code and is within the HRTO’s power (jurisdiction) to decide. If it appears the Application may be outside of the HRTO’s jurisdiction, the HRTO may send a Notice of Intent to Dismiss the Application and require the applicant or all parties to provide submissions.
  3. An adjudicator will also review the Application and Response to see if it may be appropriate to defer (postpone) dealing with the Application, such as when there is another proceeding in progress. If it appears appropriate to defer the Application, the HRTO will send a Notice of Intent to Defer to you and the other parties. All parties will be asked for their position on deferral.
  4. The HRTO will send the Applicant, and any other named respondent or affected persons a copy of the Response. We and will give the Applicant an opportunity to file a Reply, setting out their position on the new matters raised.
  5. At any time after an Application is filed, the HRTO shall schedule the matter for mediation, except in cases where the HRTO determines that another proceeding is a more appropriate next step and where the Tribunal directs a party to attend mediation, that party's attendance shall be mandatory.
  6. The mediator will help both sides to try to come to an appropriate settlement.
  7. If mediation does not result in an agreement, the Application will continue to proceed through the tribunal process.
  8. When the HRTO determines that the Application will proceed to a hearing, The HRTO will issue a Confirmation of Hearing notice providing the time and date of the hearing and instructions for participating. Hearings are usually held by videoconference and may last one day or more. The HRTO may also decide to hold a case management conference call (CMCC) to discuss aspects of an upcoming hearing. More information about hearings is included in the Guide to Preparing for a Hearing before the Human Rights Tribunal of Ontario.
  9. After the hearing, the adjudicator will consider the issues raised in the hearing and issue a written decision.

Communicating With The HRTO

The HRTO will only deliver the Application and Response to the parties. The parties are responsible for filing all other communications and submissions concerning the Application, including the Reply, with each other and the HRTO.

All written communications with the HRTO must be addressed to the Registrar. Any document, including emails, must be copied to the other parties. The HRTO cannot accept any documents unless they have been copied to the other parties or the HRTO receives a Form 23: Statement of Delivery, confirming the documents were sent to the other parties. One exception is a request for accommodation.

The HRTO requires complete and accurate contact information at all stages of the proceeding. If your contact information changes, in accordance with Rule 1.13, you must advise the HRTO and copy all other parties in writing as soon as possible.

Parties must check their email and mail regularly, as the HRTO may send the parties directions throughout the Application process that require the parties to make submissions, file documents, or take other actions quickly. If a party fails to comply with a direction from the HRTO by the deadline the HRTO has set, there may be consequences to for that party.

If an applicant fails to follow the HRTO’s directions, the Application could be dismissed. If a respondent fails to follow the HRTO’s directions, they may lose their ability to present a defence or otherwise participate in the proceeding. For more information, see the HRTO's Practice Direction on Communicating with the Human Rights Tribunal of Ontario and review Rule 5 of the HRTO’s Rules of Procedure.

Do you need copies of Tribunal forms?

Registrar
Human Rights Tribunal of Ontario
15 Grosvenor Street, Ground Floor
Toronto, ON M7A 2G6 		Tel: 416-326-1312
Toll-free: 1-866-598-0322
TTY (toll-free): 1-800-855-0511
email: HRTO.Registrar@ontario.ca