Major Changes at the Human Rights Tribunal of Ontario: What You Need to Know for 2025

Effective June 1, 2025, the Human Rights Tribunal of Ontario (HRTO) implemented significant procedural updates. These changes aim to streamline processes, encourage early resolution, and ensure fairness and efficiency in handling human rights applications. Here’s a breakdown of the three most important updates:

1. From Voluntary to Mandatory Mediation

Starting June 1, 2025, mediation is no longer optional. All parties involved in applications filed on or after this date are required to participate in mandatory mediation.

Key Highlights:

• Every application will be scheduled for mediation.
• Attendance is mandatory unless an exemption is granted under exceptional circumstances. These are not defined and will be addressed on a case-by-case basis.
• If mediation fails, the application will proceed through the regular tribunal process.
• Updated forms must be used starting June 1 and older versions will not be accepted after June 15, 2025 

This shift is designed to promote early resolution, reduce delays, and give parties more control over outcomes. Most parties already agree to mediation. When I was a Vice-chair (VC), parties who didn’t agree to attend mediation were contacted by a VC and asked whether they were agreeable. Some simply didn’t mark it off on the application or response form because they didn’t know what it meant.

This change makes sense. The majority of files settle at mediation and with the HRTO experiencing a significant backlog, this is an easy fix.

Parties who fail to attend may face penalties. Applicants risk having their application dismissed, while respondents may either stop receiving notices about the proceedings or be prevented from participating further in the proceedings.

2. New Rules for Rescheduling and Adjournment Requests

The HRTO has clarified the distinction between rescheduling and adjournment and introduced stricter timelines and expectations for both.

Rescheduling (within 14 days of receiving notice of an upcoming event, like a mediation or hearing date):

• Parties must attempt to agree on five alternative dates within six weeks of the original event.
• If agreement is reached, parties must notify the HRTO Registrar using Form 10 (Request for an Order During Proceedings).
• If no agreement is reached, the party requesting to reschedule should submit Form 10 with five proposed dates; the HRTO may set the date unilaterally.

Adjournment (more than 14 days after receiving notice of an event):

• Requests made less than seven days before the event will only be granted in exceptional circumstances.
• Responses to adjournment requests must be submitted within seven days using Form 11 (Response to a Request for an Order During Proceedings).

These changes aim to reduce last-minute disruptions and ensure better planning and communication among parties.

3. Updated Process for Extension Requests

The HRTO has also revised how parties can request deadline extensions for filing pleadings or other documents.

Key Points:

• Use Form 10 to request an extension, and copy all parties involved.
• Requests made less than seven days before the deadline will only be considered under exceptional circumstances.
• Responses must be submitted within seven days using Form 11.

The new Practice Direction on Extension Requests is now in effect and applies to all active applications as of June 1, 2025.

Final Thoughts

These updates demonstrate the HRTO’s dedication to enhancing access to justice, streamlining processes, and reducing last-minute disruptions. It’s essential for representatives of both applicants and respondents to incorporate these updates into their practices and make necessary adjustments.

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