In Ontario, the Human Rights Tribunal of Ontario (HRTO) has no jurisdiction to award legal costs under any circumstances. This means that even if you lose your workplace discrimination case, you will never be forced to pay your employer’s legal fees. If an applicant’s behaviour is deemed highly abusive or vexatious, the HRTO can dismiss the application as an abuse of process, but it cannot order them to pay costs.
When an employee is fired for discriminatory reasons, the thought of fighting a large corporation can be terrifying. One of the biggest fears workers have is the “loser pays” rule. In standard civil court, if you sue your boss and lose, the judge can order you to pay tens of thousands of dollars for the employer’s legal bills. Fortunately, the human rights system in Ontario operates under a completely different set of rules designed to protect everyday workers.
The Human Rights Tribunal of Ontario (HRTO) is intentionally built to be accessible. They recognize that if employees lived in constant fear of paying corporate legal fees, no one would ever report discrimination. If you are considering filing a claim in Toronto, Mississauga, or anywhere else in the province, finding a skilled lawyer from our directory can help you navigate this low-risk system with confidence.
Step-by-Step Process: Navigating Legal Fees and the HRTO
Understanding how the HRTO handles money and legal fees is crucial before you file an application. While you are generally protected from your employer’s costs, you must still act reasonably throughout the legal process.
Step 1: Understand the “No Costs” Default Rule
Your first step is simply understanding your protection. Unlike the Ontario Superior Court of Justice, the HRTO operates on a “no costs” basis. 📝 This means that regardless of who wins the hearing, each side is responsible for paying their own lawyer. If the adjudicator decides there was no discrimination, your case is simply dismissed, and you walk away without owing the company a dime.
Step 2: Retain Your Own Legal Counsel
Because you are not at risk of paying the other side’s fees, you can focus on funding your own representation. Many employment lawyers in Ontario will take a strong HRTO case on a contingency fee basis. This means they only get paid a percentage of the settlement if you win, requiring no money upfront from you.
Step 3: Avoid Vexatious or Abusive Conduct
While the HRTO is completely barred from awarding legal costs or attorney’s fees under any circumstances, it still maintains strict mechanisms to address systemic abuse. 🚨 Under Rule 8.2 of the HRTO Rules of Procedure and Section 23(1) of the Statutory Powers Procedure Act, the tribunal can dismiss an application that is deemed an abuse of process, vexatious, or brought in bad faith. However, even in cases of extreme misconduct, the HRTO cannot order you to pay the employer’s legal bills.
Step 4: Consider the Civil Court Alternative
Sometimes, your lawyer might advise you to skip the HRTO and file a “Wrongful Dismissal” claim in the Superior Court of Justice instead, adding human rights damages to the lawsuit. While civil court can result in higher payouts, the standard “loser pays” rule does apply there. You must weigh the risks and benefits carefully with your legal team.
How Much Does it Cost in Ontario?
Filing a human rights complaint is designed to be affordable for the average Canadian worker.
- HRTO Filing Fees: $0 CAD. There are no fees to file an application, request mediation, or attend a hearing at the HRTO.
- Your Lawyer’s Fees: If you pay hourly, expect rates between $300 CAD and $600 CAD per hour. If you choose a contingency agreement, your lawyer will typically take 25% to 35% of the final financial award or settlement.
- Employer’s Legal Fees: $0 CAD. Unlike civil court, the HRTO does not have the legal authority to award costs, so you will never be ordered to pay the employer’s legal fees, even if your claim is dismissed.
How Long Does the Process Take?
The protective “no costs” rule means many people file applications, leading to significant wait times. ⋮ Currently, it takes approximately 6 to 12 months to reach the mediation stage at the HRTO. If your employer refuses to settle and you must go to a full legal hearing, it can take 2 to 3 years from the date you applied to get a final, binding decision from an adjudicator.
Civil Court vs. HRTO Cost Rules
| Legal Venue | Filing Fee | Risk of Paying Employer’s Legal Fees |
|---|---|---|
| Human Rights Tribunal (HRTO) | $0 (Free) | None (The HRTO lacks cost-awarding jurisdiction). |
| Superior Court of Justice (Civil) | Approx. $200 – $350 CAD | High (The “loser pays” rule generally applies). |
| Ministry of Labour (ESA Claim) | $0 (Free) | None (Government investigator handles the claim). |
Frequently Asked Questions (FAQ)
If I win my case, will the HRTO make the employer pay my lawyer?
No. Just as the employer cannot make you pay their fees if you lose, you cannot force the employer to pay your legal fees if you win. The HRTO awards damages for injury to dignity, but not legal costs.
What exactly is “vexatious” conduct?
Vexatious conduct means acting in a way that intentionally wastes the tribunal’s time or harasses the other party. Examples include refusing to follow tribunal orders, submitting forged evidence, or using abusive language.
Can my employer sue me in regular court for filing an HRTO claim?
Filing a human rights complaint in good faith is a protected right. Your employer cannot sue you for defamation or launch a counter-lawsuit simply because you reported discrimination.
Where can I find free legal help for the HRTO?
The Human Rights Legal Support Centre (HRLSC) is an independent Ontario agency that provides free legal services and representation to individuals who have experienced discrimination, based on eligibility.
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