In Ontario, if you experience workplace discrimination, the Human Rights Tribunal of Ontario (HRTO) can award General Damages for injury to your dignity, feelings, and self-respect. These awards range anywhere from $1,000 CAD for minor incidents to over $100,000 CAD for severe, prolonged harassment.
Experiencing discrimination or harassment at your job in Ontario is deeply traumatic. 💔 Unlike a simple breach of contract, losing a job or being mistreated because of your race, gender, disability, or sexual orientation attacks your core identity. The Ontario Human Rights Code recognizes this profound psychological impact. That is why the law allows victims to claim financial compensation specifically for the emotional pain and humiliation they endured.
These are known as general damages for “injury to dignity, feelings, and self-respect.” Unlike lost wages, which calculate exactly how much money you missed while unemployed, general damages are meant to reflect the severity of the employer’s discriminatory behaviour. In recent years, adjudicators at the Human Rights Tribunal of Ontario (HRTO) have significantly increased the size of these awards, with some extreme cases in cities like Toronto and Mississauga resulting in payouts exceeding $150,000 CAD.
Securing a high-range damage award requires compelling evidence and a strong legal narrative. ⚠️ It is highly advisable to browse our directory to find a skilled Ontario employment and human rights lawyer. A legal professional can help you structure your application and present medical or psychological evidence to maximize your compensation.
Step-by-Step Process: Claiming General Damages in Ontario
Whether you were discriminated against in a corporate office in Ottawa or a manufacturing plant in Hamilton, the process for claiming damages follows a strict legal path at the HRTO.
Step 1: Filing the Form 1 Application
To start your claim, you or your lawyer must file a Form 1 Application with the HRTO. 📝 You have exactly one year from the date of the last discriminatory incident to file this form. In the application, you must explicitly ask for financial compensation for injury to dignity, feelings, and self-respect, and state the exact amount of CAD you are seeking.
Step 2: Gathering Objective Evidence of Harm
To justify a large damage award, you need more than just your own testimony. Ontario adjudicators look for objective proof of your suffering. This means you should gather notes from your family doctor, records from a psychologist, or evidence of prescriptions for anxiety and depression medications that began after the workplace harassment started.
Step 3: Attending Mandatory Mediation
Under the revised Rule 15 of the HRTO Rules of Procedure and the Practice Direction on Mandatory Mediation (effective June 1, 2025), mediation is scheduled automatically and is mandatory for all applications. 🤝 Unless a rare exemption is granted for exceptional circumstances, both parties must attend. Failing to attend without a reasonable excuse carries severe procedural sanctions: the tribunal may dismiss the application if the applicant fails to appear, or proceed with the hearing in the respondent’s absence. Despite this shift to a mandatory model, this confidential session remains a highly successful way to resolve disputes early.
Step 4: Presenting Your Case at the Hearing
If the employer refuses to settle, your case proceeds to a formal hearing. Your lawyer will present your evidence and question witnesses under oath. The adjudicator will examine the objective seriousness of the employer’s conduct and your unique vulnerability (such as being a pregnant employee or a newcomer to Canada) to calculate the final award.
How Much Does it Cost in Ontario?
Pursuing a human rights claim is designed to be accessible, but hiring private legal help involves costs. As of May 2026, here are the financial expectations in CAD:
- HRTO Filing Fees: Filing an application at the Human Rights Tribunal of Ontario is 100% free.
- Human Rights Legal Support Centre (HRLSC): Eligible tenants and workers can sometimes receive free legal advice and representation from the government-funded HRLSC.
- Private Human Rights Lawyers: Retaining a lawyer typically costs between $350 and $650 CAD per hour. Many human rights lawyers also work on a contingency fee basis, taking 25% to 35% of the final damage award.
| Severity of Discrimination | Example Workplace Conduct | General Damage Range (CAD) |
| Low Range | A single, minor discriminatory comment. | $1,000 – $10,000 |
| Mid Range | Discriminatory termination, ongoing microaggressions. | $15,000 – $40,000 |
| High Range | Severe sexual harassment, prolonged racial abuse, targeted reprisal. | $50,000 – $150,000+ |
How Long Does the Process Take?
Seeking justice through the HRTO is a notoriously slow process due to extreme provincial backlogs.
- Filing to Mediation: It typically takes 6 to 12 months after filing your Form 1 to get a mediation date.
- Mediation to Hearing: If the case does not settle, waiting for a formal hearing date can take an additional 1 to 2 years.
- Final Decision: After the hearing concludes, adjudicators generally take 3 to 6 months to release their written decision and order the employer to pay the damages.
Frequently Asked Questions (FAQ)
Are human rights general damages taxable in Canada?
Generally, no. Under Canada Revenue Agency (CRA) rules, general damages awarded specifically for personal injury, including injury to dignity and feelings under human rights law, are received tax-free. However, any portion of the settlement attributed to lost wages is fully taxable.
Does the HRTO cap how much money I can ask for?
No. Unlike some other jurisdictions, the Ontario Human Rights Code does not have a strict monetary cap on general damages. However, adjudicators rely heavily on previous case law, so your lawyer will ask for an amount that aligns with similar historical cases.
Can I claim damages if I quit my job?
Yes. If the discrimination made your workplace so toxic that you were forced to resign for your own mental health, this is known as a constructive dismissal. You can still claim injury to dignity damages against your former employer.
What happens if the employer refuses to pay the HRTO order?
If the HRTO orders the employer to pay and they ignore it, you must register the HRTO order with the Superior Court of Justice. Once registered, it carries the same weight as a regular court judgment, allowing your lawyer to garnish their corporate bank accounts.
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