Updates to the Human Rights Tribunal of Ontario Rules and Processes
Have you started an application at the Human Rights Tribunal of Ontario (“HRTO” or “Tribunal”) recently?
On June 1, 2025, the HRTO changed some of its rules, practice directions and processes governing its matters.
For all matters
In the past, parties seeking an extension for filing documents with the Tribunal were often granted the extension if their request was accompanied with the consent of the other party (for an applicant, these extension requests would typically apply to a reply, any responses to preliminary requests, and exchanging hearing documents). The same general principle applied to rescheduling or adjournment requests (i.e., for dates of mediation).
The manner of these requests could be made by email to the Tribunal.
However, as of June 1, 2025, these requests must now be made via Form 10.
Moreover, in accordance with the Tribunal’s new practice direction, for the rescheduling of dates, the party making the request must attempt to contact the other parties to obtain five mutually available dates within six weeks of the originally scheduled date(s), and the request must be made within 14 days. Any request to reschedule an event made after 14 days is considered, by the Tribunal, an adjournment request instead.
For adjournment requests, the Tribunal will consider 16 factors (not all listed here), including: the age of the file; whether any previous adjournment requests have been granted and, if so, whether they were granted on a peremptory basis; prejudice to any party; the timeliness of the request; the length of the requested adjournment and whether it would unduly delay the proceedings; the specific reasons for being unable to meet the stated deadline or proceed on the scheduled date; whether the reason for the adjournment request was foreseeable and avoidable, and what efforts, if any, were made to avoid requesting an adjournment; and more.
Similar factors should also be addressed in seeking extension requests.
In sum, applicants should now be cautious in requesting extensions and adjournments in reliance on the respondent’s consent alone.
For new matters
If your matter was filed at the HRTO on or after June 1, 2025, mediation is now also a mandatory part of the HRTO process. For applications filed before this date, mediation was merely optional.
The purpose of mediation is to reach a resolution of the matter prior to a hearing. The mediation is different than a hearing — you will not be presenting evidence to the Tribunal, but rather exchanging offers with the respondent, through a mediator, to come to a mutual agreement to resolve your application then and there. This will likely take compromise from both parties.
The new rules provide for an exception to mandatory mediation. Pursuant to Rule 15.12 of the HRTO rules, exemptions to mandatory mediation shall be considered by the Tribunal upon submission of a completed Form 10, copied to all other parties, no less than seven days before the scheduled mediation. In a page outlining its frequently asked questions, the HRTO has stated that “Exceptions may apply in exceptional circumstances.” Given that mandatory mediation is a change applying only to applications filed in the last two months or so, we have yet to see what these exceptional circumstances will be.
Conclusion
Other changes to the rules and procedures at the HRTO have been made relating to the proper forms to be filed. Applicants ought to be mindful of the recent changes at the HRTO and review the relevant procedural documents in setting out their course of conduct at the Tribunal. Work with a human rights lawyer for more insight into your matter.
This article was originally published by The Hamilton Spectator.
