5. Prepare for your hearing
Question and answer
How do I make a claim to the Human Rights Tribunal of Ontario?If your is not successful, or if you decide not to go to mediation, you will have a hearing. The (HRTO) sends you a Notice of Hearing with the date, time, and place for the hearing. Hearings are held by video conference on Zoom.
The Notice also gives the deadlines for when you must give your evidence to the HRTO and the Respondent. The Respondent is your employer, landlord, representative, or provider.
Collect your evidence
The HRTO decides your claim based on the evidence at the hearing. The information in your is not evidence.
You need to prove that:
- the Respondent acted in a way that went against your human rights, and
- this caused you to lose money or be hurt in other ways
You prove this by bringing evidence to your hearing.
Your evidence can be:
- witnesses who say what they know about events that happened or how those events affected you
- documents like letters, emails, or text messages
You can also bring evidence in other formats. For example, you might have photographs, videos, or audio recordings that help prove your claim. The person who took the photograph or made the recording must come to the hearing.
Follow the rules
The HRTO has detailed rules about what information you have to give about your evidence before the hearing. If you do not follow these rules, the HRTO can refuse to use your evidence. They can also dismiss your claim without a hearing if you do not follow the rules.
Ask for accommodation
You can ask the HRTO for accommodations if you need the HRTO to do something so there will not be any barriers for you at the hearing. For example, you might need:
- a language interpreter
- an in-person hearing because of a or other reason related to your human rights
- to start late or end early because you have to take care of a child
There is no time limit on asking for an , but it is helpful to ask as soon as possible.
Case assessment direction
Before your hearing, an HRTO member will look at the documents in your case to decide if they need to send you a Case Assessment Direction.
A Case Assessment Direction is a type of written decision from the HRTO. This means that if you get one, you must follow what it says.
In a Case Assessment Direction, the HRTO member gives directions to you and the Respondent on things like:
- which witnesses to bring to the hearing
- what documents should be given to you and the Respondent
- what issues in your application you'll have to address at your hearing and in what order
The HRTO member may hold a conference call with you and the Respondent to prepare for your hearing. And then give you a Case Assessment Direction. Or the HRTO member may give you a Case Assessment Direction without holding a conference call first.
A Case Assessment Direction does not mean the HRTO member has made a final decision about your application. It is meant to help you and the Respondent organize your documents and have a faster hearing.
The HRTO member will make the final decision after the hearing.
At the hearing
You might have a lawyer or paralegal to represent you. If not, you present your own case.
If you're presenting your own case, it's a good idea to read the Tribunal’s Guide to preparing for a hearing. This guide will help you know what to expect and what to do at the hearing.
The HRTO member usually does not decide the claim at the hearing. The HRTO sends you the decision in writing later. This is sometimes called “reserving” the decision.
Getting the decision
If your hearing lasted 3 days or less, you should get the decision within 3 months.
If your hearing lasted more than 3 days, you should get the decision within 6 months.
These timelines start after the last hearing date or the date when closing written submissions were due.
If you do not agree with the decision, you can ask for a reconsideration. You must do this within 30 days of the decision date. If you do not agree with the outcome of the reconsideration, you can ask a court to do a judicial review of the decision. You must do this within 30 days of the reconsideration decision.
It is a good idea to get legal advice before you ask for a reconsideration or do a judicial review.