How to File a Human Rights Complaint in Ontario

Protected Grounds Under the Code

Social Areas Covered

• Employment — Hiring, firing, promotion, pay, harassment, accommodation
• Housing — Rental, eviction, condo rules, maintenance
• Services — Retail, restaurants, healthcare, government services
• Contracts — Any agreement with a company or public entity
• Vocational associations — Unions, professional colleges, trade groups

Filing Deadline

You must file your HRTO application within one year of the last act of discrimination. This is a strict deadline. Late applications require exceptional circumstances and are rarely accepted.

The HRTO Process

1. File Form 1 online at the HRTO's Tribunals Ontario portal. Describe the discrimination, the protected ground(s), and the relief sought.
2. The respondent is served and files a Response (Form 2) within 35 days.
3. Mediation — Most cases go through a free, confidential mediation session. Many settle here.
4. Hearing — If mediation fails, a hearing is scheduled before an adjudicator. Evidence, witnesses, and legal arguments are presented.
5. Decision — The HRTO issues a written decision that may order remedies.

Possible Remedies

• Monetary compensation for injury to dignity and feelings (no cap under the Code)
• Lost wages or income
• Reinstatement to a job
• Requirement for the organization to develop or revise a human rights policy
• Public interest remedies (training, reporting)

Harassment vs. Discrimination

Discrimination is a negative decision or treatment based on a protected ground. Harassment is a course of comments or conduct that is known or ought to be known as unwelcome, related to a protected ground. Both are violations of the Code. A single serious incident can also constitute harassment.

Duty to Accommodate

Employers, landlords, and service providers must accommodate protected needs (disability, religion, family status, etc.) to the point of undue hardship. The applicant must cooperate with and participate in the accommodation process.