Human Rights Complaints in Ontario: What You Should Know

What Does the Ontario Human Rights Code Protect?

The Code prohibits discrimination based on protected grounds within specified social areas. Depending on the social area and circumstances, protected grounds may include:

• Race
• Colour
• Ancestry
• Place of origin
• Citizenship
• Creed
• Sex
• Sexual orientation
• Gender identity and gender expression
• Age
• Marital status
• Family status
• Disability

Protected Social Areas

The Code applies to discrimination and harassment within protected areas of social life, including:

• Employment
• Housing
• Services, goods, and facilities
• Contracts
• Membership in unions, professional associations, or vocational associations

Unfair or harmful treatment occurring outside a protected social area may not fall within the HRTO’s jurisdiction, even if the experience is serious or upsetting.

Discrimination and Harassment

Discrimination can take different forms and may be intentional or arise from a rule or practice that has an unequal effect.

Depending on the facts, a concern may involve:

• Direct unequal treatment connected to a protected ground
• Adverse-effect discrimination arising from a rule or practice
• Failure to accommodate Code-related needs to the point of undue hardship
• Harassment connected to a protected ground
• Reprisal for asserting or attempting to assert Code rights

Whether conduct legally amounts to discrimination, harassment, or reprisal requires an assessment of the evidence and applicable law. A difficult or unfair experience does not automatically establish a Code violation.

Before Filing an Application

A potential applicant should consider:

• What happened
• Who was involved
• Which protected ground may apply
• Which protected social area is involved
• What evidence supports the concern
• What remedy is being requested
• Whether another legal process is already addressing the same events

Preserve relevant documents, messages, records, and other evidence. Consider obtaining legal advice when the applicable ground, social area, process, or available remedy is unclear.

Filing an HRTO Application

The HRTO process generally begins when an applicant files the appropriate application form. The application should clearly describe:

• The applicant and respondent
• The events giving rise to the complaint
• Relevant dates and locations
• The protected ground involved
• The protected social area involved
• The connection between the protected ground and alleged treatment
• The remedy being requested

An incomplete application may be returned or may require additional information. Applicants should follow the current form instructions, tribunal rules, and any directions received from the HRTO.

Responding to an Application

A respondent who receives an application and Notice of Application generally must prepare and file the appropriate response form according to the tribunal’s instructions.

The response may address:

• What the respondent says occurred
• Whether the allegations are admitted or disputed
• Relevant policies or accommodation efforts
• The remedies requested by the applicant
• Supporting documents and witnesses

Replies and Additional Information

An applicant may sometimes be permitted or required to file a reply addressing new matters raised in the response.

A reply is not simply an opportunity to repeat the original application. It should focus on new issues raised by the respondent and comply with the applicable rules, form instructions, and tribunal directions.

Mediation

The HRTO may schedule mediation to help the parties explore whether the dispute can be resolved without a hearing.

• A neutral mediator assists the discussion
• The mediator does not decide the case
• A settlement may include financial or non-financial terms
• Parties should understand the complete agreement before accepting it
• If the matter does not resolve, it may proceed further

Mediation does not guarantee that a settlement will be reached. Each party should consider the proposed terms carefully and obtain advice where appropriate.

Preparing Evidence

Evidence should be preserved, organized, and connected to the issues raised in the application and response.

Depending on the matter, evidence may include:

• Emails and text messages
• Workplace or housing records
• Policies and procedures
• Photographs or videos
• Medical or accommodation documents where relevant
• Witness statements or contact information
• Complaint records
• Meeting notes
• Employment records
• Rental records
• Correspondence between the parties

Evidence must be submitted according to the current HRTO rules, procedural directions, and case-specific instructions. Parties should not assume that one filing method or deadline applies in every matter.

What Happens at a Hearing?

An HRTO adjudicator manages the hearing and determines how the matter will proceed. Depending on the case and tribunal directions:

• Each party may present evidence and legal arguments
• Witnesses may testify
• Parties may question witnesses
• Relevant documents may be introduced
• The adjudicator may ask questions
• The parties may make final submissions

Hearings may be conducted in different formats depending on tribunal directions and individual circumstances. Parties should review all hearing instructions carefully.

Possible Remedies

If the HRTO finds that the Code was violated, it may consider remedies authorized by law. Depending on the circumstances, potential remedies may include:

• Monetary compensation
• Compensation for financial losses connected to the discrimination
• Non-monetary remedies
• Orders intended to promote future compliance with the Code

After a Decision

After receiving a decision or order, the parties should:

• Read the complete decision and order carefully
• Note any obligations and deadlines
• Seek advice promptly about reconsideration, judicial review, enforcement, or other available steps
• Avoid assuming that every unfavourable decision can be appealed

Available next steps and their requirements depend on the type of decision, current rules, applicable law, and individual circumstances.

When Professional Assistance May Help

Professional assistance may be useful with:

• Identifying whether a protected ground and social area are involved
• Drafting or responding to an application
• Reviewing and organizing evidence
• Preparing witnesses
• Participating in mediation
• Preparing for a hearing
• Understanding possible remedies
• Reviewing a tribunal decision
• Determining possible next steps

How Insaf Legal Can Help

Depending on the matter and professional scope, Insaf Legal may assist with:

• Assessing the case
• Reviewing applications or responses
• Organizing documents and evidence
• Preparing clients and witnesses
• Settlement and mediation preparation
• Hearing preparation
• Representation in eligible HRTO matters
• Explaining decisions and possible next steps

The appropriate approach depends on the facts, evidence, applicable law, tribunal procedure, and individual circumstances. No compensation, settlement, reinstatement, or other outcome can be guaranteed.