Week 2 Chapter 2: Human Rights Tribunal of Ontario

HRTO stands for

Human Rights Tribunal of Ontario

When was the HRTO established

1962

HRTO was established under the jurisdiction of

The Human Rights Code

Before it was the Ontario Human Rights Commission (1961) it was

the Anti-Discrimination Commission (1958

When did the Board of Inquiry become the HRTO

2002

Human Rights complaints go directly to

the HRTO

HRTO has how many adjudicators

34

The Human Rights Code provides protection from/against

differential treatment in 5 social areas on 17 grounds

against sexual solicitation/advances

reprisals

What legislation provides the framework for the HRTO/HRC

SPPA

HRC recognizes the SPPA as long as

the provisions of the SPPA don’t conflict with anything in the Code or its regulations/rules

Steps in the application process

initiation of proceeding

request to defer (optional)

response to application

applicant’s reply

What form is used to initiate a proceeding

Form 1

T/F: it costs money to file an application/initiate a proceeding, why

false; making it free provides access to justice to the most vulnerable

Applications to initiate must be filed within

one year of the incident

Describe what request to defer consideration means

gives applicant option to purse the matter at the tribunal after attempting to resolve it by other means

If the issue under application is resolved in another forum, what will the HRTO do

not consider the issue

After the application is filed it is then

served on the respondent

The respondent has ____ days to respond and with what form

35 days

Form 2

If the issue is exempted, what can the respondent request

early dismissal

An applicant files Form _ in response to the respondent and has how many days to do so

Form 3

21 days

What is the name of the entity that provides assistance to applicants filing with the HRTO

Human Rights Legal Support Centre

Mediation can either be agreed to by the —— or identified by the ——

parties

tribunal

If the matter is resolved through mediation, what is filed

confirmation of settlement

If a party is non-compliant with settlement terms the injured party has how long to file an application for contravention and should use what form number

6 months

Form 18

Preliminary hearings are used to

clarify issues

When is a summary hearing held

when there is no chance of success or the respondent requests one

If the matter proceeds to a hearing the —— framework is used

mediation-adjudication (med-adj)

Med-adj framework provides the parties with

one last attempt to mediate

Decisions for hearings that are 3 days or less should be made within

3 months

Decisions for hearings that last more than 3 days will be made within

6 months

Reconsiderations must be filed within

30 days of the date of the decision

Request for reconsideration must include

reasons

basis for request

written submissions

remedy sought

Appeals must be filed with the

Divisional Court