In Ontario, you cannot double-dip by claiming human rights damages at the HRTO and wrongful dismissal at the Superior Court of Justice for the exact same incident. Most applicants choose to file a single civil lawsuit in court, using Section 46.1 of the Human Rights Code to claim both severance pay and discrimination damages at the same time.
Losing your job is one of life’s most stressful events, but discovering you were fired because of your age, race, gender, or a medical disability makes the situation infinitely worse. When an employer in Ontario terminates you for discriminatory reasons, they violate two separate areas of law: employment law (wrongful dismissal) and human rights law.
Understandably, many workers want to throw the book at their former boss and file claims everywhere possible. However, Ontario law strictly prevents multiplicity of proceedings, meaning you cannot make the same employer defend the same facts in two different courtrooms. ⚔ Choosing the right legal pathway is arguably the most important strategic decision you and your local law firm will make.
Step-by-Step Process in Ontario Courts vs. HRTO
Whether you worked in a massive corporate office in Toronto, a warehouse in Mississauga, or a retail store in Ottawa, the rules for pursuing a dual claim remain the same. You must carefully evaluate your primary goal before filing any paperwork.
Step 1: Assessing Your Financial Claims
First, you must calculate what you are actually owed. 💰 If you worked at a company for 20 years, your common law severance entitlement could be worth over $100,000 CAD. If you only worked there for two months, your severance is minimal, but the general damages for the emotional distress of discrimination could be much higher. This balance dictates where you should file.
Step 2: Choosing the Civil Court Route
If you have significant severance on the line, most workers choose to file a Statement of Claim at the Superior Court of Justice. Under Section 46.1 of the Ontario Human Rights Code, a civil judge has the power to award human rights damages right alongside your standard wrongful dismissal payout. This allows you to resolve the entire nightmare in one single lawsuit.
Step 3: Choosing the HRTO Route
If you were a short-term employee with very little severance entitlement, or if you want the employer forced to undergo human rights training, you might file an application at the HRTO. 📝 The tribunal process is generally more accessible for self-represented workers, but the HRTO cannot award traditional wrongful dismissal damages.
Step 4: Dealing with Concurrent Proceedings
If you mistakenly file at both the HRTO and the Superior Court, the employer’s lawyer will immediately notice. They will file a motion to defer or dismiss your HRTO application, arguing that the civil court is already handling the matter. Usually, the HRTO will pause your human rights claim until the civil lawsuit is completely finished.
| Legal Venue | What They Can Award | Best Suited For |
|---|---|---|
| Superior Court of Justice | Common law severance + Human Rights damages. | Long-term employees seeking maximum financial payout. |
| Human Rights Tribunal (HRTO) | Human Rights damages + Non-financial remedies. | Short-term workers, or those seeking workplace changes. |
How Much Does it Cost in Ontario?
The financial barrier to entry varies wildly depending on which path you choose. Here is a breakdown of the standard costs in 2026:
- HRTO Filing Fees: $0 CAD. There are no government fees to file an application or attend a tribunal hearing.
- Superior Court Fees: Filing a Statement of Claim in civil court currently costs exactly $243 CAD in government fees (under O. Reg. 293/92), plus additional fees for scheduling trial dates.
- Law Firm Fees: Most employment lawyers will take on a strong wrongful dismissal case on a contingency basis, meaning they take 25% to 33% of your final settlement.
How Long Does the Process Take?
Justice is rarely swift, and both systems face significant backlogs in Ontario. 📅 Here is what you can generally expect:
- Superior Court Lawsuit: If the case settles at mediation, it usually takes 6 to 12 months. If it goes all the way to a civil trial, it can take 2 to 3 years.
- HRTO Application: Due to severe administrative backlogs, getting an initial hearing date at the HRTO can easily take 2 to 4 years from the date you file.
Frequently Asked Questions (FAQ)
Can I claim WSIB and wrongful dismissal at the same time?
Usually, no. If your human rights complaint is based on a workplace injury, the Workplace Safety and Insurance Board (WSIB) generally has exclusive jurisdiction over your lost wages, making a civil lawsuit highly complicated.
Is there a cap on human rights damages in civil court?
There is no strict legislative cap on general damages for injury to dignity, feelings, and self-respect in Ontario. However, judges typically award between $10,000 and $50,000 CAD depending on the severity of the discrimination.
Can I switch from the HRTO to civil court?
If you withdraw your HRTO application before a hearing takes place, you may generally file a civil lawsuit, provided you are still within the strict two-year limitation period from the date you were fired.
Will I have to pay my employer’s legal fees if I lose?
At the HRTO, generally no. However, in the Superior Court of Justice, the loser pays rule applies. If you take your case to a civil trial and lose, the judge may order you to pay a large portion of the employer’s legal costs.
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