Introduction
The Human Rights Tribunal of Ontario (HRTO) has begun rolling out its new Rules of Procedure, starting with the introduction of mandatory mediation and new rules for rescheduling, adjournment, and extension requests. This article provides background on the changes, and details regarding this first phase of implementation, which became effective on June 1, 2025.
Background
In October 2024, the HRTO proposed revisions to its Rules of Procedure, with the stated intention of addressing delays and reducing the Tribunal’s growing backlog of cases.
As detailed in our original reporting, the key proposed changes were as follows:
- Mandatory mediation (now in effect and detailed below);
- Elimination of summary hearings;
- Elimination of requests to expedite;
- Simplified withdrawal process;
- Restrictions on requests for Orders; and
- Administrative updates.
In April 2025, the HRTO announced that it would “move forward with a phased approach” for the changes “so that parties can ease into the new processes.” The HRTO further stated that the first phase would include a mandatory mediation process, whereby all applications would proceed to mediation after being reviewed for jurisdiction.
On May 30, 2025, the HRTO announced the launch of the mandatory mediation process, as well as the introduction of a new process for managing rescheduling, adjournment, and extension requests. These changes came into effect a few days later on June 1, 2025. Further details are provided below.
Mandatory Mediation
Mandatory mediation requires parties to participate in mediation before proceeding through the Tribunal’s processes. This differs from voluntary mediation, which requires all parties to agree to participate for mediation to take place.
Parties to an application filed with the HRTO on or after June 1, 2025, are now required to participate in mandatory mediation. Parties can request an exemption in the event of exceptional circumstances.
To enable this process change, effective June 1, 2025, the HRTO added a revised Rule 15 to its Rules of Procedure to replace the earlier version.
The HRTO also updated its forms, including the form for filing applications (i.e. Form 1: Application). The updated forms are available on the HRTO’s Forms and filing page. Effective June 15, 2025, the HRTO will no longer accept the previous versions of these forms.
For applications filed before June 1, 2025, the Tribunal has indicated that parties may continue to seek mediation on a voluntary basis.
Scheduling Requests
In addition to launching mandatory mediation, the HRTO has also updated its processes for managing rescheduling, adjournment, and extension requests. The stated intention for these changes is to create a more predictable and consistent tribunal process and help ensure that cases proceed in a timely manner, improving overall efficiency.
Effective June 1, 2025, the Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments will be replaced by the following new Practice Directions: Practice Direction on Rescheduling and Adjournment Requests and Practice Direction on Extension Requests.
Both new Practice Directions apply to all applications filed at the HRTO, including previously filed applications.
Conclusion
Phase one of the HRTO’s new Rules of Procedure is here. With it comes mandatory mediation for all HRTO applications filed on or after June 1, 2025, and new rules for rescheduling, adjournment, and extension requests.
The HRTO has not announced when phase two will commence or what changes it will include. We will continue to monitor these developments and provide relevant updates.
This publication provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hunter Legal LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hunter Legal LLP.