How to File or Respond to HRTO Claims: A Practical Guide
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The Human Rights Tribunal of Ontario (“HRTO”) is an independent tribunal that adjudicates complaints of discrimination and harassment under the Ontario Human Rights Code (the “Code”).
The Code prohibits discriminatory treatment in the context of ‘service provision’, which encompasses employment, housing, and various contractual relationships. If individuals in Ontario believe they have experienced discrimination on the basis of a protected ground of the Code, they may file a claim with the HRTO.
This guide is designed to assist those filing HRTO applications and those who have received HRTO complaints against them. It highlights key application requirements, timelines, and best practices for managing HRTO filings in a proceeding. If you’re interested in learning more about HRTO claims pertaining specifically to housing, you may also benefit from reading our Ontario Human Rights Tribunal (HRTO) Guide for Tenants and Landlords.
HRTO Filing Factors
Before filing an application or a response with the HRTO, it is important to assess the following:
(a) Was There Discrimination?
To file a claim with the HRTO, there must (i) be discrimination; and (2) the discrimination must be clearly connected to at least one protected ground.
A major issue we see with HRTO claims is that the conduct at issue has no clear connection with a protected ground. For example, if a tenant is blind and makes no use of email for this reason, their landlord cannot require them to email all maintenance complaints while refusing phone calls – that would likely be the proper subject of an HRTO claim.
However, if the landlord is answering the blind tenant’s phone calls, then telling the tenant they won’t fix their broken window (for reasons having nothing to do with the tenant’s disability), that is probably a claim suitable for the Landlord and Tenant Board (LTB) - but not the HRTO.
If there is no clear link between alleged adverse treatment and a Code-protected ground, the claim is likely to fall outside the HRTO’s jurisdiction. Applicants should therefore clearly articulate how they were subject to discrimination with respect to a protected ground. If they fail to do so, the respondent can likely defeat the claim by identifying how the claim failed to articulate discrimination regarding a protected ground.
An amusing example of this can be seen in Dioba v. Pusateri’s, where a customer of Croatian descent called a “nuisance” by Pusateri’s staff alleged mistreatment due to historic Italian‑Croatian conflicts - albeit without any evidence of such.
(b) What is the Context of the HRTO Complaint?
If a random person walking by you on the sidewalk discriminates against you in some way, you cannot file an HRTO claim against them. The claim must clearly relate to:
Employment: hiring, firing, promotions, pay, or workplace policies;
Services: retail, healthcare, education, or transportation, among others;
Accommodation: renting, buying, or living in a residence; or
Contracts: loans, insurance, or service agreements, among others.
And the applicant must have a direct interest in the matter brought before the HRTO; they cannot file an HRTO complaint in respect of a matter that does not directly impact them.
(c) Is the Claim Timely?
Most claims must be filed within 1 year of an alleged discrimination incident. If the discriminatory conduct was a series of related incidents, you generally have 1 year from the last incident to file.
While an applicant may attempt to file an application after their limitation period’s expiration, per s. 34(2) of the Code, they must successfully demonstrate that the filing delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.
(d) Is the HRTO the Correct Forum?
Some matters may be more appropriately suited for specialized labour tribunals, civil courts, or other administrative bodies. Where there are parallel proceedings in separate forums, a respondent may seek dismissal of the application under s. 45.1 of the Code, or deferral under s. 45.
Assemble Evidence and File Your Claim
The next step is to collect and organize the evidence that supports your claim or response, then file.
Relevant Documents
Orders, decisions, or interim orders from concurrent or previous, related matters before other judicial bodies, or internal company decisions;
Emails, text messages, letters, etc.;
Social media messages or posts (screenshots with dates); and
Any relevant photographs, videos, or other evidence.
Chronology
Prepare a timeline of events with key incidents, dates, and individuals and/or organizations involved.
Witnesses
Make a list of people who saw or experienced the relevant events firsthand. Include professional or expert witnesses if applicable (e.g., doctors, therapists, etc.).
Complete the Appropriate HRTO Form
Once you have gathered evidence and clarified the claim’s legal basis (or lack thereof), the next step is to file the appropriate form with the HRTO and ensure it’s properly served on the other party.
Forms are found on the Tribunals Ontario website and must be downloaded to your computer prior to completing them. Otherwise, the information inputted into them will not be saved.
For Applicants (Form 1)
Complete Form 1 carefully, clearly outlining:
The relevant context of the claim (i.e., employment, services, accommodation (housing), or contracts);
The protected ground you are claiming, and the discrimination suffered on the basis of this ground; and
The key facts supporting your claim, with specific dates for everything.
Avoid overloading the Application with unnecessary detail. Focus on clear, factual allegations connected to the Code. We recommend articulating the details of your claim with applicable dates for everything, in numbered paragraphs in a form similar to the example below:
1. On Date A, X happened.
2. On Date B, Y happened.
3. On Date C, Z happened.
Save the document as “Form 1 – [your name]” and submit it to the HRTO by email at HRTO.Efile@ontario.ca. The HRTO handles service of the initial application on the respondent(s) named once it has been accepted. The email’s subject line should be: “HRTO Form 1 - [your name]”
For Respondents (Form 2)
If you have been named as a respondent, you must file Form 2 in response to the applicant’s Form 1. Only one Form 2 is necessary per HRTO claim, even if multiple respondents are named in Form 1. One main respondent confirms in Section 1 of the Form that they are responding on behalf of the others, with authority to do so.
Respondents preparing a Form 2 response should:
Review Form 1 carefully and note the deadline to respond.
Consider whether you will seek either dismissal, or deferral of the Application based on parallel proceedings (i.e., the applicant has brought a substantively similar application against the respondent before another judicial body, such as the LTB).
Address each key allegation raised in the Application. Confirm what you admit, deny, and/or is not within your knowledge. Standard practice is to, at the outset, state that all the applicant’s allegations are denied, except where explicitly noted otherwise.
State in your response:
Whether the alleged conduct is connected to a Code-protected ground (e.g., disability, family status, race);
Whether the conduct occurred in an eligible context; and
Whether there’s an explanation for what happened that does not involve discrimination.
Save the document as “Form 2 – [your name”], then serve the applicant with Form 2 (email service is acceptable, but it is strongly recommended that you consult with current guidance, as this is subject to change);
Complete a Statement of Delivery (Form 23);
File Form 2 and Form 23 together with the HRTO by sending an email to HRTO.Registrar@ontario.ca. The subject line must state “HRTO Form 2,” and the HRTO file number from the applicant’s Form 1.
Applicant’s Reply
In limited circumstances, the applicant may have the opportunity to submit a Reply (Form 3) where they can respond to new facts or issues raised in the Response that could not have been anticipated when the Application was filed. The deadline for filing a Reply is twenty-one (21) days after the date of the letter that the HRTO sent to you with the Response.
When completing Form 3, focus only on new matters raised in the Response:
Identify any new facts or issues raised in the Response;
Explain your response to each one
Do not repeat allegations already made in the Application; and
Do not introduce new claims or unrelated claims.
Once complete, deliver a copy of the Reply to:
All the other parties to the Application;
Any trade union, occupational or professional organization, and
Any other person or organization identified as an affected party in the Application or in their Response.
As with the Response, the party filing a Reply must then complete Form 23.
Finally, the Reply and Form 23 may be emailed to HRTO.Registrar@ontario.ca, mailed or sent by courier to the HRTO at:
Human Rights Tribunal of Ontario
15 Grosvenor Street, Ground Floor
Toronto, ON M7A 2G6
If emailed, ensure that the HRTO file number is included in the subject line; if mailed or sent by courier, clearly indicate the file number as well.
Useful Resources
Here are some useful references to keep on hand when preparing your HRTO filings:
Contains forms, filing instructions, procedural rules, and case updates.
Publishes guidance on service, filing methods, and timelines.
HRTO Instructions: See the HRTO Rules of Procedure and regularly check this for updates.
The Code: Foundational legislation that sets out the protected grounds and social areas. The text of the legislation will help you understand what constitutes discrimination and the potential remedies available in your case.
Legal Advocacy and Support: The Human Rights Legal Support Centre (“HRLSC”) offers legal guidance for both applicants and respondents.
If you’re looking for legal assistance with a housing-related HRTO matter, you can review our flat fee packages for HRTO assistance and book a free 15 minute or paid 60 minute consultation using the button below.
