The Human Rights Tribunal of Ontario (HRTO) has proposed a number of revisions to its rules of procedure which are intended to address delays and reduce its growing backlog of cases.
The key proposed changes are as follows:
- Mandatory Mediation: Under the new rules, mandatory mediation would be introduced as a standard step in the process for all matters brought before the HRTO. This initiative is aimed at encouraging parties to resolve disputes through facilitated discussions, thereby reducing the need for formal hearings and conserving tribunal resources.
- Elimination of Summary Hearings: The HRTO is proposing the removal of certain pre-hearing procedural steps, such as case management conference calls and summary hearings. This change is intended to minimize procedural complexity and accelerate the overall case resolution timeline.
- Elimination of Requests to Expedite: The proposed updates include removing the ability to request expedited proceedings or interim remedies. By eliminating these options, the HRTO aims to reduce administrative burdens and focus its resources on addressing cases more efficiently within standard timelines.
- Simplified Withdrawal Process: To make the withdrawal of applications more accessible and less cumbersome, the HRTO is proposing changes to streamline this process. This adjustment would provide parties with a simpler and clearer path to withdraw their applications when they choose to do so.
- Restrictions on Requests for Orders: The HRTO intends to impose restrictions on when parties can file requests for orders and clarify the circumstances under which such requests will be considered. This measure aims to reduce unnecessary administrative work and improve the tribunal’s ability to manage its caseload effectively.
- Administrative Updates: The proposed revisions include several changes to modernize and standardize administrative processes. These updates include removing the option to submit materials via fax, which is becoming increasingly obsolete, and refining email communication protocols to ensure clarity, consistency, and improved correspondence efficiency.
The consultation process for these changes closed on November 22, 2024. The HRTO is expected to review feedback and communicate its next steps in early 2025. Parties will need to adapt to updated procedures, practice directions, and forms once the changes are implemented. We will continue to monitor and provide updates on this topic.
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