Human Rights

Human Rights

Have you experienced discrimination or harassment in Ontario based on a protected ground in a protected social area? If so, you can file an application with the Human Rights Tribunal of Ontario.

Whether you are an applicant or respondent, the Ontario Human Rights Code applies.

For instance, your grounds for filing an application will depend on the protected grounds and social areas identified in the Ontario Human Rights Code. There are five social areas of which include employment, housing, services, unions and vocational associations and contracts.

In conjunction with the above, there are 17 grounds (attributes) under which you can be discriminated against. These include citizenship, race, place of origin, ethnic origin, colour, ancestry, disability, age, creed, sex/pregnancy, family status, marital status, sexual orientation, gender identity, gender expression, receipt of public assistance (in housing) and record of offences (in employment).

Firstly, in order to prove direct or indirect discrimination, a claimant must establish they have a protected characteristic. Secondly, the impact of adverse treatment must have happened within a social area. Thirdly, the characteristic protected by law must have been a factor in the impact or adverse treatment.

There are three types of remedies that can be sought at the HRTO; monetary, non-monetary, and public interest remedies. Mediation and settlement of a human rights matter is an essential factor in the litigation process prior to proceeding to a hearing.

Should you have grounds to believe that you have been a victim of discrimination or harassment, contact Whalen Legal Services. A no-cost case consultation is available, wherein you will be provided with an assessment of your matter. A breakdown of anticipated legal fees will also be provided. Contingency fees are available for Applicants.