In Ontario, you cannot simply appeal an HRTO decision because you disagree with the outcome. You have exactly 30 days to file a Request for Reconsideration (Form 20), which is only granted on very strict grounds, such as discovering crucial new evidence that was previously unavailable or proving the adjudicator made a severe jurisdictional error.
Receiving a final decision from the Human Rights Tribunal of Ontario (HRTO) that dismisses your workplace discrimination claim can be a devastating blow. 💔 After investing months or even years into your case, a negative outcome often leaves applicants wondering what steps they can take next. Many people assume they can simply file an appeal and try again with a new judge, much like in television courtroom dramas.
However, the tribunal system operates under very different rules. 📜 The HRTO is designed to provide final, binding resolutions, which means overturning a decision is exceptionally rare and difficult. Whether you live in Hamilton, London, or Brampton, understanding the rigid criteria for a reconsideration request is essential before spending more money on legal fees.
Step-by-Step Process for Requesting a Reconsideration in Ontario
The reconsideration process is not a second chance to re-argue the same points you made at your initial hearing. 🔍 It is a highly technical legal procedure focused solely on uncovering fundamental flaws in how the decision was made. Here is how the process generally unfolds.
Step 1: Reviewing the Decision for Valid Grounds
Before filing anything, you must read the adjudicator’s written decision carefully to see if your case meets the strict criteria. 📖 The HRTO will only reconsider a decision if there are new facts that could not have been reasonably obtained earlier, if a party was unfairly blocked from participating, or if the decision conflicts with established human rights jurisprudence. Simply believing the adjudicator was wrong is never a valid ground.
Step 2: Filing Form 20 Within 30 Days
Time is incredibly limited. ⏰ You must complete and submit a Request for Reconsideration (Form 20) within exactly 30 days of the date written on the final decision. Missing this deadline usually means you lose your right to challenge the outcome permanently, unless you can prove exceptional circumstances for the delay.
Step 3: The Preliminary Review Phase
Once submitted, an HRTO adjudicator (often the same one who made the original decision) will conduct a preliminary review of your Form 20. 💼 They will decide if your request even has enough merit to proceed. If they find no valid grounds, they will dismiss your request immediately without ever asking the employer for a response.
How Much Does it Cost in Ontario?
Challenging a tribunal decision carries distinct financial implications. 💰 While the tribunal itself remains accessible, professional help at this complex stage is almost mandatory. You should anticipate the following costs:
- HRTO Filing Fees: Submitting a Form 20 Reconsideration Request is free of charge.
- Lawyer Drafting Fees: Because this is highly technical work, an Ontario human rights lawyer will typically charge a block fee ranging from $3,000 to $7,000 CAD just to review the hearing transcripts and draft a compelling Form 20.
- Judicial Review Costs: If reconsideration fails and you must escalate to the Divisional Court for a Judicial Review, legal fees can easily exceed $15,000 to $25,000 CAD.
How Long Does the Process Take?
The timeline for an HRTO reconsideration can be highly unpredictable. 📅 Generally, it takes the tribunal 3 to 6 months to issue a decision on a preliminary review. If your request is allowed to proceed and the employer is asked to respond, the entire process could take an additional 6 to 12 months before a final resolution is reached.
Frequently Asked Questions (FAQ)
What exactly counts as “new evidence”?
New evidence must be information that is highly relevant to the outcome and could not have been discovered earlier, even if you tried your absolute best. A witness you simply forgot to call during the hearing does not count as new evidence.
Does filing for reconsideration pause the original order?
No. Filing a Form 20 does not automatically stay (pause) the adjudicator’s original orders. If you were ordered to do something, you must still comply unless you formally request and are granted a stay by the tribunal.
Can I just take my case to a regular Ontario court instead?
Once the HRTO issues a final decision, you cannot start a fresh civil lawsuit for the same discrimination. Your only outside option is a Judicial Review at the Ontario Divisional Court, which only examines whether the HRTO’s process was legally reasonable.
Will a different judge look at my reconsideration request?
In line with updated Tribunals Ontario guidelines and the revised Practice Direction on Reconsideration, reconsideration requests are now generally assigned to a different adjudicator. This practice enhances objectivity and fairness, ensuring a fresh set of eyes reviews whether the original decision contained a fundamental legal error.
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