In Ontario, an employer can file a Request for a Summary Hearing (Form 26) to have your human rights claim dismissed early. If the Human Rights Tribunal of Ontario (HRTO) determines that your application has “no reasonable prospect of success”-meaning you lack evidence connecting the unfair treatment to a protected ground like race or disability-your case will be permanently dismissed.
Filing a discrimination claim with the Human Rights Tribunal of Ontario (HRTO) is a powerful way to seek justice. However, simply filling out an application does not guarantee you a full trial. In an effort to manage a massive backlog of cases across cities like Toronto, Windsor, and Kitchener, the HRTO uses a procedural tool called a “Summary Hearing.” This process allows the tribunal to weed out applications that do not legally hold up, saving time and resources for both the tribunal and employers.
Being called to a Summary Hearing can be incredibly intimidating for an applicant. 📜 Essentially, the employer is arguing that even if everything you say is true, it does not amount to a violation of the Ontario Human Rights Code. Often, applicants face early dismissal because they experienced genuine unfairness or bullying at work, but failed to provide evidence linking that bad treatment to a protected ground (such as age, sex, creed, or disability). Retaining a skilled employment lawyer is critical at this stage to prove that your case deserves a full hearing.
Step-by-Step Process of an HRTO Summary Hearing in Ontario
A Summary Hearing is a preliminary step, not a full trial. The focus is solely on whether your claim has a legal basis to proceed. Here is what you can generally expect when an employer requests early dismissal.
Step 1: The Timeline and Mandatory Mediation
The process usually begins when the employer (the Respondent) files a Form 26 Request for Summary Hearing, or when the HRTO itself reviews your initial application and flags it. However, under HRTO rules, once jurisdiction is confirmed, applications are ordinarily scheduled for mandatory mediation first. The HRTO will not typically decide whether to hold a summary hearing unless mediation has been held and was unsuccessful. If mediation fails and a summary hearing is deemed warranted, under Rules 19.4A and 19.5A of the HRTO Rules of Procedure, you have the right and obligation to respond to the Form 26 by filing Form 11 (Response to Request for an Order) within 14 days of receiving the Request. If the HRTO decides to proceed, you will receive a formal Notice of Summary Hearing outlining the date and time, which is often held via video conference (Zoom) or teleconference.
Step 2: Gathering Prima Facie Evidence
To survive a Summary Hearing, you must establish a “prima facie” case of discrimination. 🔍 This means you must show that: (1) you have a characteristic protected by the Code, (2) you experienced adverse impact or treatment, and (3) the protected characteristic was a factor in that treatment. You and your lawyer will gather emails, witness statements, and medical records to prove this connection exists.
Step 3: Preparing Written Submissions
Before the hearing, the HRTO usually requires written submissions. This is a legal document explaining exactly why your case has a reasonable prospect of success. You must highlight what evidence you intend to bring to the final hearing and how it proves discrimination. Missing the deadline for these submissions can result in the automatic abandonment of your claim.
Step 4: Attend the Summary Hearing
During the hearing, an HRTO adjudicator will ask you or your legal representative targeted questions about your evidence. The employer’s lawyer will argue that your case is purely a general workplace dispute, not human rights discrimination. You will not call live witnesses at this stage; instead, you argue based on the documents provided. The adjudicator will later issue a written decision. If the application survives the summary hearing, it has already passed the mandatory mediation stage, meaning the matter will proceed directly to hearing disclosure with timelines tied to the summary hearing decision or case management directions, paving the way for a full merits hearing.
How Much Does it Cost to Defend a Summary Hearing?
If you are facing a Summary Hearing, securing legal representation is highly recommended, as the legal threshold is complex.
| Expense Type | Estimated Cost in CAD (2026) | Details |
|---|---|---|
| HRTO Tribunal Fees | $0 | The HRTO does not charge any fees for processing or holding a Summary Hearing. |
| Lawyer Retainer (Hourly) | $1,500 – $3,500+ | Many lawyers charge an upfront block fee or hourly rate to prepare submissions and attend this specific hearing. |
| Contingency Risk | Varies | If your case is dismissed at this stage, a contingency lawyer may drop the case as there is no settlement to collect. |
How Long Does the Process Take?
Because a summary hearing is typically not scheduled until after mandatory mediation has failed, the entire timeline depends on when mediation occurs. Usually, scheduling and holding the mandatory mediation takes several months. If mediation is unsuccessful, the tribunal will then assess whether to hold a summary hearing. Once a summary hearing is scheduled and concludes, you can expect to wait anywhere from 1 to 3 months to receive the adjudicator’s written decision. If your case survives the summary hearing, it proceeds directly to the standard queue for a full merits hearing, which may take an additional 1 to 2 years.
Frequently Asked Questions (FAQ)
What does ‘no reasonable prospect of success’ actually mean?
This is a legal standard meaning that even if the tribunal assumes every single fact in your application is true, your claim still does not legally amount to a violation of the Ontario Human Rights Code.
Is general workplace bullying covered by the HRTO?
No. The HRTO only deals with harassment and discrimination based on protected grounds (like race, sex, disability, etc.). If your boss is simply a bully to everyone, it may be a Ministry of Labour issue, but an HRTO claim will likely be dismissed at a Summary Hearing.
Can I appeal if my case is dismissed at a Summary Hearing?
HRTO decisions are highly protected, but you can file a Request for Reconsideration within 30 days if there was a major procedural error or new evidence. Alternatively, you can seek Judicial Review at the Divisional Court, though this is very difficult and expensive.
Do I have to attend the Summary Hearing?
Yes. If you or your lawyer fail to attend the scheduled Summary Hearing without a valid, documented emergency, your application will almost certainly be dismissed as abandoned.
Should I hire a lawyer just for the Summary Hearing?
Yes. Because a Summary Hearing can end your entire claim permanently, having a lawyer step in to handle the written submissions and oral arguments is often the best way to keep your case alive.
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