Protected grounds under the Ontario Human Rights Code
The Ontario Human Rights Code prohibits discrimination in five social areas (employment, housing, services, contracts, membership in associations) based on the following protected grounds:
Disability is the most commonly cited ground in HRTO applications — particularly in employment (failure to accommodate disability, termination linked to disability) and housing (refusal to rent to people with mental health conditions or service dogs). Race and gender discrimination make up a large share of the remaining applications.
The one-year limitation period: the most common mistake
Unlike most Ontario civil claims (two years), HRTO applications must be filed within one year of the last incident of discrimination. This is the most common reason people lose their right to proceed.
Critical: The one-year period is strictly enforced. The HRTO will only extend the period if the delay was incurred in good faith and no substantial prejudice results to the respondent. "I did not know about the deadline" is generally not sufficient. Consult a lawyer before the year runs.
For ongoing discrimination (e.g., repeated comments at work, continuing refusal to accommodate), the one-year period runs from the last incident. Document every incident with dates.
The HRTO process step by step
File the T1 Application (Application to the Human Rights Tribunal of Ontario)
File online through the HRTO portal. The T1 requires you to describe: the protected ground, the social area (employment, housing, etc.), what happened, when it happened, and what remedy you are seeking. Be specific — vague applications may be dismissed on a preliminary basis.
HRTO deferral or intake review
The HRTO reviews the application to confirm it has jurisdiction. If the claim relates to a collective agreement or another process that should be heard elsewhere, it may be deferred. Most employment claims are deferred if there is a grievance procedure available.
Respondent files a response
The respondent (employer, landlord, etc.) has 35 days to file a Response. They must respond to each allegation and provide their version of events. The Response is served on the applicant.
Mediation (optional but recommended)
The HRTO offers a free mediation service. Most cases that settle do so at this stage. Mediation is confidential — positions taken in mediation cannot be used at a hearing. Approximately 60–70% of cases resolve at mediation.
Preliminary hearing (if required)
If there are threshold issues (limitation period, jurisdiction, adequacy of the application), the HRTO may hold a preliminary hearing before a full hearing on the merits.
Hearing on the merits
Each party presents their case — evidence, witnesses, and submissions. The HRTO Member asks questions. Rules of evidence are more relaxed than court but credibility is still assessed. Hearings may take 1–5 days depending on complexity.
Decision and remedies
The Member issues a written decision — sometimes months after the hearing. If the application succeeds, remedies may include monetary compensation, systemic orders (change the policy), reinstatement, and a letter of apology.
Available remedies from the HRTO
General damages
Compensation for injury to dignity, feelings, and self-respect. Typically $5,000–$50,000 for successful employment cases, more for egregious situations.
Lost wages / lost opportunity
If you lost income as a result of discrimination, the Tribunal can order the respondent to compensate you for lost earnings.
Reinstatement
Return to employment in termination cases — available but rarely ordered unless the relationship is not too damaged.
Policy or training orders
The HRTO can order an employer to implement anti-discrimination policies, training, or monitoring — particularly important for systemic cases.
Interest
Interest on monetary awards is available from the date of the last incident.
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