The amendments to the Ontario Human Rights Code (the "Code") which came into force in 2008, have brought about significant changes to the way in which human rights complaints are adjudicated in Ontario. Today, approximately six years after the amendments were brought into force, the number of complaints filed with the Human Rights Tribunal of Ontario (the "Tribunal") remains consistently high, especially with respect to employment. In the 2012/2013 fiscal year, the Tribunal received 2,837 applications and 77% of those applications arose in the context of employment.1
The low cost associated with filing an application, the significant number of self-represented litigants commencing applications, together with other amendments to the Code, have resulted in what for employers is sometimes an unpredictable and frustrating process. The outcome of the hearing of an application is becoming increasingly difficult to predict and, at times, it seems as though the playing field is constantly shifting.
This paper addresses recent developments in the Tribunal's procedure and highlight areas of concern by undertaking a review of the entire application process, from responding to an application to the final decision from the Tribunal. In doing so, we will focus specifically on the lack of a screening process and automatic hearings, inconsistent mediations, increasing awards, and cost recovery options (or rather, the lack thereof).
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Footnote
1. The Human Rights Tribunal of Ontario, Statistics: Fiscal Year 2012-2013, available online.
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