A person who brings his or her case to the HRTO is called an “Applicant”. A person or company who receives a complaint against them by the Applicant is called a “Respondent”. If an adjudicator is convinced that the Respondent harassed or discriminated against the Applicant, and there has been an injury to the Applicant’s dignity, feelings or self-worth, then the adjudicator can order the Respondent to pay money to the Applicant.
Keep in mind that some cases must go to the Canadian Human Rights Commission instead, and the Human Rights Tribunal of Ontario cannot deal with those types of cases. The CHRC deals with cases that are in the federal sector. Some examples of federal organizations are:
But if your case does not fall into one of those categories, you can most likely take your case to the Human Rights Tribunal of Ontario.
So how does the HRTO work?
Well, the process starts with a document called an “Application”. There are time limits for making an application to the HRTO. You must file your application within one year of when the discrimination happened. If you were discriminated against or harassed more than once, then you must file the application within one year of the most recent incident of discrimination. The HRTO can sometimes accept a late application if it is satisfied the deadline was missed in good faith, meaning it was an honest mistake, but the HTRO must also be satisfied that accepting the late application will not be substantially unfair to the Respondent. Otherwise, the HTRO will not hear the case after the one-year deadline.
The HTRO will provide a copy of the Application to the Respondent after it is satisfied that the Application has been completed correctly. The Respondent must then fill out a Court form called a “Response”, and then give it to the HRTO.
If you have received an application and notice of application directing you to file a Response, that means an Applicant has claimed that you have discriminated against him or her, and you will have 35 days to file a response to the allegations against you. If you do not file a Response, you may not be given an opportunity to participate further in the process, and you could be ordered to pay money to the Applicant.
You will be asked on the application or response form if you are willing to try mediation. The goal of mediation is to help the parties reach a solution that resolves the issues in the application. The HRTO mediates disputes using an active listening approach. This means that both sides will have an opportunity to tell a HRTO mediator what happened and what they would like to see done about it. It’s important to keep in mind that the mediator does not decide the issues in the case, because that job is for an adjudicator. The mediator will consider the evidence as well as both sides of the situation, and then help find a solution that is satisfactory to both sides. If you choose to participate in mediation, you will need to sign a Confidentiality Agreement before the mediation. If you settle your case in mediation, you and the other party will have to complete a settlement form. The HRTO will issue a letter to acknowledge the settlement and close the file. However, if you can’t reach a settlement, the case will proceed and may be scheduled for a Hearing. Mediation at the HRTO is a voluntary process. You are encouraged to mediate, but if one or both of the parties is not interested in trying mediation, the case will go directly to a Hearing.
A Hearing at the HRTO is a serious legal process. It provides an opportunity for the Applicant and the Respondent to present facts, evidence and legal arguments to an adjudicator. After the Hearing, the adjudicator will decide the case, and whether or not the Respondent must pay money to the Applicant. The adjudicator can also make other kinds of decisions, such as reinstating a person back to his or her job after he or she was fired due to discrimination. If your hearing lasted 3 days or less, you should receive your final decision within 3 months. If your hearing lasted longer than 3 days, you should receive your final decision within 6 months.
If you are not happy with a decision made by an adjudicator, there is no automatic right to appeal the HRTO’s decisions. However, in some limited circumstances, a person who is dissatisfied with a decision may make a request for something called “Judicial Review”, and the case would go to a place called the “Divisional Court”. However, the Court will not allow a judicial review to happen unless it is satisfied the HRTO’s decision was unreasonable. A judicial review is not an opportunity to reargue a case, and the Divisional Court will not necessarily reverse an adjudicator’s decision simply because the HRTO could have or should have come to a different conclusion.