Discrimination & LGBTQI2S Rights – Making a Claim

How do I make a claim of discrimination?

To make a claim, fill out an application form and submit it to the Human Rights Tribunals Ontario (HRTO).

You can also call the HRTO if you have questions about the process and to have a form mailed to you: 416-326-1312 or 1-866-598-0322

How quickly do I have to make a claim?

You have one year from the incident to submit your application. If there were several related incidents, you have one year from the last one. If you miss the deadline,
you can still ask the HRTO to let you apply but you’ll need a really good reason. Talk to a lawyer if you’re late and still want to make a claim.

What happens after I submit my application?

The person or group you complained about will be given a chance to respond. They’re called the “Respondent”. The Respondent must give you a copy of their response.

The next step is “mediation”

Mediation is a way to solve the issue by talking it out with help from a neutral person called the “mediator”. The mediator helps both sides listen to each other and try to
agree on a solution.

For claims made before June 1, 2025: this is a voluntary part of the process. You do not have to try mediation. You do not have to agree to anything at mediation and no one can force you to agree to anything at mediation.

For claims made to the HRTO on or after June 1, 2025: mediation is mandatory. You can request an exemption for exceptional circumstances.

What if I don’t want mediation or it doesn’t work?

If you skip mediation or can’t agree during it, your claim will go to a “hearing” which is similar to a trial. You and the Respondent both get to share your side of the story.

You can show evidence, like documents or messages. You can also bring people who know what happened and can speak about it (“witnesses”).

You’ll get to explain why you believe it was discrimination and what you think should be done to fix it. The Respondent will also have a chance to share their side.

Where can I get support for making a claim to the HRTO?

You have the right to hire a lawyer or paralegal to represent you.

You can also visit the Human Rights Legal Support Centre (HRLSC) website to complete a questionnaire to determine whether you will be able to pursue legal
steps through them. Their website also contains rights information and how-to guides on the claims process. You can also call them: 416-597-4900 or 1-866-625-5179
You can also ask someone you trust (friend, family member, or support worker) to go with you to mediation or the hearing to take notes and support you

What steps might happen before a hearing starts?

Before the hearing, the HRTO might reach out to you and the Respondent to:

• ask if you need any accommodations such as help with accessibility or other support

• find ways to make the hearing faster or smoother
• figure out what you both agree on and what you disagree about, so they can focus on the important
  parts
• talk about your evidence and witnesses

These are called case assessments and help the HRTO get ready and make things go as smoothly as possible.

Who’s in charge at the hearing? Who decides what happens?

A person from the HRTO runs the hearing. They might be a Vice Chair, Member, or Adjudicator and they’re like a judge. They’re in charge of how the hearing goes
and how the evidence is given. They’re also the one who decides if your claim is successful or not.

If I win at the hearing, what can happen?

If you are successful, the adjudicator might:

• tell the Respondent to pay you money, for things like emotional harm or lost wages
• Order them to give you your job back
• Make them change their rules or policies
• Require human rights training for their staff

It’s about making things fair and making sure the discrimination doesn’t happen again.

What if I don’t agree with the decision?

If you think the decision was wrong and especially if you have new evidence that wasn’t available before, you can ask the HRTO to take another look. This is called a
reconsideration.

If you’re not allowed to ask for that, you can go to court and apply for a judicial review. It’s a complicated process and it’s important to talk to a lawyer about this process.

Can I complain about discrimination elsewhere?

Yes, you can sometimes bring up discrimination with other places, like the Ontario Labour Relations Board, if it’s part of a bigger issue. If you do complain somewhere
else before going to the HRTO, the HRTO might:

• decide to not hear your case, or
• delay your case until the other one is finished

If you’re thinking about complaining to more than one place, you should get legal advice first so you know your options.

Where can I learn more about the HRTO?

• For information about filing a claim, what to expect, how to ask for accommodations, and other resources, visit the HRTO website.
• Steps to Justice has information on discrimination in various contexts (work, housing, other)