FREQUENTLY ASK QUESTION
These FAQs are designed for the human rights claim process.
HUMAN RIGHTS CLAIM PROCESS
STEP 1: INITIAL CLAIM INVESTIGATION
To assess and begin your Human Rights claim our firm will need the following questions answered:
DID THESE EVENTS HAPPEN IN ONTARIO?
If the events did not occur in Ontario, the Tribunal may not be able to deal with your application. In most cases, the Code applies only to discrimination that occurs in Ontario.
WHAT CITY OR TOWN?
If the discrimination happened in more than one place, the name of each place must be provided.
WHAT WAS THE DATE OF THE LAST EVENT OR INCIDENT OF DISCRIMINATION?
In most cases, you must file your application within one year of the date on which the event happened, or if there were a series of events, within one year of the last event. The Tribunal may extend this time if you have a good reason for filing late, such as being in the hospital or jail, or not finding out about the discrimination until more than a year had passed. If you have a good reason for filing late, Your reason for applying late will be assessed.
You will be asked to provide the details of the occurrence and the parties involved.
HOW DID THE EVENTS YOU DESCRIBED AFFECT YOU?
Explain how the discrimination affected you (financial, social, health, or other).
- If you lost money or income because of the discrimination, give details.
- If your emotional or mental health suffered, describe this problem and how it affected you.
- If you lost an opportunity (such as a promotion or new apartment) because of the discrimination, explain how.
STEP 2: FILE CLAIM
Once our firm has the required information, it will work towards filing a claim on your behalf. The documents and information you provided will be filed with the Ontario Human Rights Tribunal and the opposing party (the ‘Respondent’) will be served by the Tribunal.
Once all the necessary forms have been filed, the Ontario Human Rights Tribunal will assess the completeness, whether the complaint falls with in the Tribunal’s legal jurisdiction, duplication of complaint, and possible deferral in the event you have another claim on the same issue in the courts.
The Tribunal will then serve the respondent and provide them with 35 days to respond to your claim. Once the Tribunal receives the response, they will forward it back to our law office. At that time we will have 10 days to draft a response to the respondent’s claim.
STEP 3: MEDITATION
Depending on the circumstances, our office may elect to have mediation where all parties will attend to discuss a possible resolution. At this current moment, mediations are being heard within 60 days. In some circumstances Sack (Q.C.) and Bogle Law may see fit to either opt out of the mediation process and go straight to hearing for strategic reasons.
If the respondents do not consent to mediation, the Tribunal will have a conference call where they will determine what the legal issues are.
STEP 4: HEARING
If the Tribunal determines that a possible resolution cannot be reached at this stage and that such legal issues need to be heard at a hearing. The Tribunal will set a date for a hearing. The hearing length will vary from case to case. No set time frame can be allocated for hearings, because of the complexity of the law.
If successful at the hearing, the Tribunal may make an order to prevent further violation of the Human Rights Code and/or award damages.