Before filing the Application at the HRTO

The HRTO can only consider your claim if it:

  • falls within the scope of the Code, and
  • has the legal authority (jurisdiction) to deal with it

Filing the Application at the HRTO

The HRTO process begins when a person files a completed application form with the HRTO. The person who files the application is called the applicant.

Filing a Response

If you have received an application and notice of application directing you to file a response, that means you are a party to the application. You are called a respondent. A respondent has 35 days to file a response to the allegations in the application.

Mediation at the HRTO

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 an agreement (settlement) that resolves the issues in the application.

Summary and Preliminary Hearings

Summary hearings

A summary hearing may be ordered when it appears there may be no reasonable prospect that the application or a part of the application can succeed. The summary hearing gives the applicant an opportunity to explain the allegations contained in the application.

Preliminary hearings

In a preliminary hearing, the HRTO adjudicator will usually hear arguments from both parties. The parties could also be asked to present evidence. The adjudicator will decide whether to dismiss the application or allow it to proceed.

Before your hearing

A hearing at the HRTO is a legal proceeding. It provides an opportunity for the applicant and the respondent to present their positions, including facts and legal arguments, to the adjudicator hearing the case. The adjudicator is a neutral decision-maker with experience, knowledge and training in human rights law and issues.

During your hearing

Judicial Review

There is no right to appeal the HRTO’s decisions. However, in limited circumstances, a party who is dissatisfied with a decision may make a request for “judicial review” to the Divisional Court.