What Happens After You File a Human Rights Claim? A Step-by-Step Guide to the HRTO Process
So, you've filed a claim with the Human Rights Tribunal of Ontario (HRTO) — that’s an important first step if you’re dealing with discrimination or harassment. Knowing what to expect after you submit your application can help you feel more prepared and less stressed. This clear guide walks through each stage of the HRTO process, timelines, tips to prepare, and how Lutfi Law can support you.
Step 1: Sending In Your Application
It starts when you file your human rights application with the HRTO. Clearly explain why you believe you were discriminated against and describe the specific incidents.
What to get ready:
A clear, detailed description of the discrimination or harassment you experienced.
Important dates, locations, and the names of people involved.
Supporting documents, such as emails, witness statements, or official letters.
Accuracy and clarity are essential at this stage. A well-prepared application reduces the chance the Tribunal will ask for additional information and delay the process.
Step 2: Initial Review and the Respondent's Response
After filing, the HRTO reviews your application to ensure it’s complete and within their jurisdiction. If accepted, the Tribunal notifies the person or organization you named (the respondent) and asks them to respond.
What to get ready:
If you’re the applicant: keep organized copies of everything you submitted.
If you’re the respondent: gather any evidence or explanations addressing the allegations.
The HRTO often encourages early communication between the parties to explore resolution options. If the respondent disputes the claim, the case generally progresses to mediation or a formal hearing.
Step 3: Mediation
Mediation is a private, voluntary process where a neutral mediator helps both sides try to reach a resolution without a full hearing. Many cases settle at mediation, saving time and cost.
What to get ready:
Be prepared to discuss what happened and possible ways to resolve the dispute.
Know your objectives and what you’re willing to accept in a settlement.
Mediation timing varies with Tribunal availability, but it often occurs within a few months of filing.
Step 4: Exchanging Information and Evidence
If mediation does not resolve the matter, the case moves toward a formal decision. Both parties exchange relevant evidence. The HRTO may order disclosure of documents or schedule conferences to narrow issues.
What to get ready:
Organize documents, records, and any expert reports.
If you have witnesses, prepare witness names and statements where available.
Thorough preparation at this stage builds a strong factual record for the hearing.
Step 5: The Hearing
An adjudicator (decision-maker) conducts the hearing, listening to both sides and reviewing the evidence before issuing a decision. Hearings may be in-person, by telephone, or by video, depending on the Tribunal’s scheduling and directions.
What to get ready:
Familiarize yourself with hearing procedures and the Tribunal’s directions.
Plan how to present your strongest evidence and arguments clearly.
Be prepared to answer questions and, if necessary, be cross-examined.
Hearings vary in length — from a single day to multiple sessions for more complex cases.
Step 6: Decision and Remedies
After the hearing, the adjudicator issues a written decision explaining the findings and any remedies ordered (for example, monetary compensation, reinstatement, or policy changes).
What to get ready:
Read the decision carefully. If appropriate, you can consider options such as judicial review — legal advice is recommended.
If remedies are ordered, plan for their implementation and, if necessary, enforcement.
How Long Does This All Take?
Timelines vary, but a general estimate is:
Initial review and respondent response: 1–3 months
Mediation: Often within 3–6 months of filing, depending on availability
Hearing scheduling: 6–12 months or longer if there is a backlog
Final decision: Weeks to a few months after the hearing
Delays can occur due to high caseloads and limited resources. The HRTO continues to adapt processes to reduce wait times.
Why the Process Works
The HRTO process aims to be fair and efficient, offering early resolution options like mediation while preserving access to a hearing when necessary. Understanding each step helps set realistic expectations and improves preparedness.
How Lutfi Law Supports Clients Through the HRTO Process
Lutfi Law provides experienced, practical human-rights advice tailored to each client. We assist with drafting and organizing applications, preparing evidence, and representing clients through mediation and hearings. Our knowledge of HRTO procedures and recent changes helps clients pursue effective, realistic outcomes.
Note: This article provides general information about the HRTO process and does not constitute legal advice. For advice about your specific situation, contact a qualified human-rights lawyer.
