HRTO Form 1 Walkthrough: How to File a Human Rights Application in Ontario
Filing an application with the Human Rights Tribunal of Ontario starts with Form 1. The deadline is strict — one year from the most recent incident. A practi...
Frequently Asked Questions
How long do I have to file an HRTO application?
One year from the most recent act of discrimination. Late applications can sometimes be allowed under section 34(2) of the Code if the delay was in good faith and no substantial prejudice will result, but the bar is high. File on time.
Is there a filing fee for an HRTO application?
No. The HRTO has no filing fee. Self-represented applicants can submit Form 1 online without any cost.
What can the HRTO award?
Monetary compensation for injury to dignity (commonly $5,000 to $75,000+), lost wages, reinstatement, and public-interest remedies (training, policy changes, posting of human-rights notices). Out-of-pocket expenses can also be recovered.
Do I have to file an internal workplace complaint before going to the HRTO?
No. The Code does not require exhaustion of internal processes. You can file at the HRTO while an internal investigation is ongoing, although the HRTO may defer in some cases.
Can I file at the HRTO and also sue in court?
Sometimes. Wrongful-dismissal claims in court can include human-rights damages, and an HRTO application can run in parallel to other proceedings, though the HRTO sometimes defers. The best structure depends on the facts. A short consultation usually clarifies the right approach.
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