How to File at the HRTO: A Step-by-Step Guide
The Human Rights Tribunal of Ontario (HRTO) handles discrimination and harassment complaints under the Ontario Human Rights Code. Filing correctly and on time is critical — this guide walks you through the entire process from first complaint to final remedy.
Protected Grounds Under the Human Rights Code
The Ontario Human Rights Code prohibits discrimination based on:
- Race, colour, ancestry, citizenship, ethnic origin, place of origin
- Creed (religion)
- Sex (including pregnancy and gender identity/expression)
- Sexual orientation
- Age (18+, 65+ in employment)
- Disability (physical and mental, past, present, or perceived)
- Marital and family status
- Record of offences
- Receipt of public assistance (in housing only)
Discrimination must occur in a protected social area: employment, housing, services/facilities, contracts, or vocational associations.
The Critical Deadline: One Year
Step-by-Step: Filing an HRTO Application
- Complete Form 1 (Application). File online at the HRTO website or by mail. Describe what happened, the protected ground, and the social area. Be specific about dates, people involved, and actions taken.
- HRTO screens the application. The Tribunal reviews for jurisdiction and completeness. Incomplete applications are returned. A screened-in application is served on the respondent.
- Respondent files a Response (Form 2). The respondent has approximately 35 days to respond and may raise procedural deferrals or ask for dismissal.
- Mediation offered. Most cases are offered a free mediation session before hearing. Mediation is confidential and voluntary — about 60% of HRTO cases settle at this stage. Settlement is often faster and more flexible than a hearing.
- Case conference (if needed). A member may hold a conference to address procedural issues, disclosure requirements, or potential early dismissal.
- Hearing. Usually a written hearing (documents only) or an oral hearing. Each party presents evidence and submissions. The applicant goes first.
- Decision issued. The member writes a decision with reasons. Decisions are published on the HRTO website unless anonymization is ordered.
What Remedies Can the HRTO Award?
| Remedy Type | Examples |
|---|---|
| Monetary | Lost wages, compensation for injury to dignity, feelings, and self-respect (no fixed cap) |
| Non-Monetary | Reinstatement, policy changes, training requirements, letters of apology |
| Public Interest | Orders requiring an organization to implement human rights policies |
Can a Paralegal Represent You at the HRTO?
Yes. LSO-licensed paralegals are permitted to represent clients at the HRTO in all employment, housing, and services matters. Having a representative significantly improves how your application is structured, what evidence is gathered, and how you present at mediation or hearing.
Experienced discrimination or harassment? Don't navigate the HRTO process alone.
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