Human Rights Tribunal of Ontario



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Response to an Application under Section 34 of the Human Rights Code (Form 2)

(Disponible en français)


www.hrto.ca
How to Respond to an Application Where You Are Named as a Respondent
Use this form if you have been named as a respondent in a human rights application under section 34 of the Human Rights Code.
If you fail to respond to the Application, you may be deemed to have accepted all of the allegations in the Application, and the Tribunal may proceed without further notice to you.
Before you start:

  1. Read the questions and answers below.

  2. Download and read the Respondent’s Guide from the Tribunal's website www.hrto.ca. If you need a paper copy or accessible format contact us at:

    Human Rights Tribunal of Ontario Phone: 416-326-1312 Toll-free: 1-866-598-0322

    655 Bay Street, 14th floor Fax: 416-326-2199 Toll-free: 1-866-355-6099

    Toronto, Ontario TTY: 416-326-2027 Toll-free: 1-866-607-1240

    M7A 2A3 Email: hrto.registrar@ontario.ca

    Website: www.hrto.ca

    The Tribunal has other guides and practice directions to help all parties to an application understand the process. Download copies from the Tribunal's website or contact us.



  1. Complete each section of the Response form that applies to you. As you fill out each section, refer to the instructions in the Respondent’s Guide.



Questions about Responding to an Application
The following questions and answers are provided for general information. They should not be taken as legal advice or a determination of how the Tribunal will decide any particular application.
What happens if I fail to complete a Response form?

You may be deemed to have accepted all the allegations. The Tribunal may deal with the Application without any further notice to you.


What is the time limit for responding?

Respondents must file a completed Response form no later than thirty-five (35) days after the Tribunal sends them a copy of the Application. The cover letter from the Tribunal gives you the exact date.


Are there defences to discrimination under the Human Rights Code?

Yes, there are some defences and exemptions in the Code. Please see the Respondent's Guide. If you believe one of these applies, please explain how when you fill out the Response form.



Can the Tribunal deal with an application where the facts and issues have been dealt with or are being dealt with in another proceeding?

The Code has special rules depending on what the other proceeding is and at what stage the other proceeding is at. Read the Respondent's Guide and get legal advice if:




  1. You are currently involved in, or were previously involved in a civil action based on the same facts and the applicant asked for a human rights remedy; or

  2. A complaint was ever filed with the Ontario Human Rights Commission based on the same subject matter; or

  3. You are currently involved in, or were previously involved in another proceeding (for example, a union grievance) based on the same facts.

You must file a Response even if you believe that the Tribunal should defer the Application or that the Application is outside the jurisdiction of the Tribunal, except where you allege the issues in dispute fall within exclusive federal jurisdiction.



Learn more

To find out more about human rights in Ontario, visit www.ohrc.on.caor phone 1-800-387-9080.








Response to an Application under Section 34 of the Human Rights Code (Form 2)

Note: Complete all parts of this form, using the Respondent's Guide for help. If your form is not complete, the Tribunal may return it to you. If you are filling this out on paper, please print and ensure that the information you provide is legible. At the end of this form, you will be required to read and agree to a declaration that the information in your Response is complete and accurate (if you are a lawyer or legal representative assisting a respondent with this Form 2, please see the Practice Direction On Electronic Filing of Applications and Responses By Licensed Representatives).

Respondents must file a completed Response form no later than thirty-five (35) days after the Tribunal sends them a copy of the Application. The cover letter from the Tribunal gives you the exact date.



Tribunal File Number

     



Contact Information for the Respondent




1. Respondent Contact Information – Organization




Contact information for a responding organization, such as a corporation, association, or group. Please complete both this section and Question 3.


Full Name of Organization

     




Organization Type:

 Corporation

 Partnership

 Sole proprietorship

 Unincorporated business/organization

 Other (specify):     

Name of the person within this organization who is authorized to negotiate and bind the organization with respect to this Application:


First (or Given) Name


Last (or Family) Name


Title


     

     

     

Street #

Street Name

Apt/Suite



     

     

     

City/Town


Province

Postal Code

Email


     

     

     

     

Daytime Phone


Cell Phone


Fax

TTY


     

     

     

     


What is the best way to send information to you?
(if you check email, you are consenting to the delivery of documents by email)

 Mail  Email  Fax




Response to an Application under Section 34 of the Human Rights Code (Form 2)

2. Respondent Contact Information – Individual

If you have been named as an individual respondent, please complete this section and then go to Question 3.


First (or Given) Name


Middle Name


Last (or Family) Name



     

     

     

Street #

Street Name

Apt/Suite



     

     

     

City/Town


Province

Postal Code

Email


     

     

     

     

Daytime Phone


Cell Phone


Fax

TTY


     

     

     

     


What is the best way to send information to you?
(if you check email, you are consenting to the delivery of documents by email)

 Mail  Email  Fax






3. Representative Contact Information


Complete this Section only if you are authorizing a lawyer or other Representative to act for you.

 I authorize the organization and/or person named below to represent me.

First (or Given) Name


Last (or Family) Name



     

     

Organization (if applicable):



     

Street #

Street Name

Apt/Suite



     

     

     

City/Town


Province

Postal Code

Email


     

     

     

     

Daytime Phone


Cell Phone


Fax

TTY


     

     

     

     

LSUC No. (if applicable):

     


What is the best way to send information to your representative?
(if you check email, you are consenting to the delivery of documents by email)

 Mail  Email  Fax







Contact Information- Additional Respondent(s) and Affected Person(s)

Please complete this section if you believe another person or organization should be named as a respondent or given notice as an affected person.

Response to an Application under Section 34 of the Human Rights Code (Form 2)

4. Contact Information - Additional Respondent

If there is another organization or person who is not already named as a respondent on the Application form and who you believe should be named as a respondent, provide their contact information here. See the Tribunal’s Practice Direction on Naming Respondents for more information on how to correctly name a potential respondent.


If you are providing contact information for more than one organization or person you believe should be named as an additional respondent, and you are filling this out on paper, attach another sheet of paper with the full contact information for each additional respondent. Number each page.

Organization (if applicable):



     

First (or Given) Name


Last (or Family) Name



     

     

Street #

Street Name

Apt/Suite



     

     

     

City/Town


Province

Postal Code

Email


     

     

     

     

Daytime Phone


Cell Phone


Fax

TTY


     

     

     

     



5. Contact Information – Affected Person

If there is any other organization (such as a union or occupational association responsible for collective bargaining) or person who is not already named as an affected person on the Application form and who might be affected by this Application to the Tribunal, provide their contact information here.


If you are providing contact information for more than one affected person, and you are filling this out on paper, attach another sheet of paper with the full contact information for each affected person. Number each page.


Organization (if applicable):

     

First (or Given) Name


Last (or Family) Name



     

     

Street #

Street Name

Apt/Suite



     

     

     

City/Town


Province

Postal Code

Email


     

     

     

     

Daytime Phone


Cell Phone


Fax

TTY


     

     

     

     

Response to an Application under Section 34 of the Human Rights Code (Form 2)

Request for Early Dismissal of the Application



6. Request for Dismissal without Full Response

Complete this section only if you are requesting that the Tribunal dismiss the Application because one of the four situations below applies. Put an "X" in the box that applies. Please see the Respondent's Guide.


I request that the Tribunal dismiss this Application because:
 A claim based on the same facts has been filed in civil court, requesting a remedy based on the alleged human rights violation. (Attach a copy of the statement of claim and the court decision, if any. Include all your submissions in support of your request to dismiss the Application on this basis. The Tribunal may decide your request based only on your submissions.)
 A complaint was filed with the Ontario Human Rights Commission based on the same, or substantially the same, facts as this Application. (Attach a copy of the complaint and the decision, if any. Include all your submissions in support of your request to dismiss the Application on this basis. The Tribunal may decide your request based only on your submissions.)
 The applicant signed a full and final release with respect to the same matter. (Attach a copy of the release. Include all your submissions in support of your request to dismiss the Application on this basis. The Tribunal may decide your request based only on your submissions.)
 The issues in dispute in the Application are within exclusive federal jurisdiction. (Include all your submissions in support of your request to dismiss the Application on this basis. The Tribunal may decide your request based only on your submissions.)
Note: If you put an "X" in any of the boxes above, go to Question 20. Except in these four situations, or as otherwise directed by the Tribunal, requests to dismiss an Application will not be considered without a complete response.



7. Request for Dismissal under s. 45.1 of the Code with Full Response

Complete this section only if you are requesting that the Tribunal dismiss the Application because another proceeding has in whole or in part appropriately dealt with the substance of the Application. Put an "X" below if you are making this request. Please see the Respondent's Guide.




a)

 I request that the Tribunal dismiss the Application because another proceeding has in whole or in part appropriately dealt with the substance of the Application. (Attach a copy of the decision)

b)

Please name the other proceeding:      

c)

Explain why you believe the other proceeding has in whole or in part appropriately dealt with the substance of the Application.

     

Note: You must complete the entire Response form and attach a copy of the document that started the proceeding and a copy of the decision.

Response to an Application under Section 34 of the Human Rights Code (Form 2)

Request to Defer the Application



8. Request to Defer

Complete this section only if the facts of the Application are part of another proceeding that is still in progress.




a) Describe the other proceeding:

 A union grievance

Name of union:

     

 A claim before another board, tribunal or

agency


Name of board, tribunal, or agency:

     

 Other

Explain what the other proceeding is:

     

b) Are you asking the Tribunal to defer (postpone) the Application until the other proceeding is completed? (Attach a copy of the document that started the other proceeding)

 Yes  No




Responding to the Allegations in the Application



9. Responding to the Allegations


Please summarize the facts and defences that support your Response to this Application. See the Respondent's Guide.
Please include as part of your Response:

- any submissions you make that the Application is outside the Tribunal’s jurisdiction;

- what allegations in the Application you agree with;

- what allegations in the Application you disagree with;

- any additional facts that you intend to rely on; and

- any defences that you intend to rely on.
If you are filling this out on paper and need more space, please add more pages. Number each page.


     



10. Exemptions

Complete this section only if you are relying on one of the exemptions found in the Code. (See the Respondent's Guide)




a) What exemption in the Code do you believe applies to this Application?

     




b) Please explain why you believe the exemption applies:

     



11. Knowledge of the Events





a) When and how did you first become aware of the events described in the Application?

     




b) How did you respond and what was the outcome?

     



12. Disability and Employment


Complete this section only if the applicant alleges that they experienced discrimination in employment on the ground of disability. (See Respondent's Guide)

a) Did you know about the applicant's particular needs before seeing the Application?

 Yes  No




b) What are the requirements (essential job duties) of the position in question?

     




c) Do you have a written policy, job description or other documentation that describes the requirements of the job?

 Yes  No




d) Was the applicant unable to perform the requirements of the job because of their disability?

 Yes  No (Go to 13)




e) If you answered "Yes" to 12d, what have you done to try to meet the particular needs of the applicant so that they could do the job? Explain why you believe you met your duty to accommodate. If you are filling this out on paper and you need more space, please add more pages. Number each page.

     

Note: If you said "Yes" to Question 12c, you must attach a copy of the policy, job description or other document that describes the requirements of the job.


Questions About Internal Human Rights Policies



13. Internal Human Rights Policies


Complete this section only if the respondent is an organization. Please see the Respondent's Guide.

a) Do you have a policy related to the type of discrimination alleged in the Application?



 Yes  No

b) Do you have a complaint process to deal with discrimination and harassment?



 Yes  No (Go to 14)

c) Did the applicant make a complaint under the internal complaint process about the facts in this Application?



 Yes  No (Go to 14)

d) Describe how the organization responded and what was the outcome of the complaint process?

     

Note: You must attach a copy of the policy, complaint process, or the document that started the complaint, and the decision, if any.

Mediation



14. Choosing Mediation to Resolve the Application

Mediation is one of the ways the Tribunal tries to resolve disputes. It is a less formal process than a hearing. Mediation can only happen if both parties agree to it. A Tribunal Member will be assigned to mediate the Application. The Member will meet with you to talk about your Response. The Member will also meet with the applicant and will try to work out a solution that both sides can accept. If mediation does not settle all the issues, a hearing will still take place and a different Member will be assigned to hear the case. Mediation is confidential.




Do you agree to try mediation?


 Yes




Documents that Support your Response

15. Important Documents You Have


If you have documents that are important to your Response, list them here. List only the most important. Indicate whether the document is privileged. See the Respondent's Guide.

Note: You are not required to send copies of your documents at this time. However, if you decide to attach copies of the documents you list below to your Response they will be sent to the other parties to the Application along with your Response.

Document Name

Why It Is Important To My Response

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

16. Important Documents the Applicant Has


If you believe the applicant has documents that are important to your Response, that you do not have, list them here. List only the most important.

Document Name

Why It Is Important To My Response

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

17. Important Documents Another Person or Organization Has


If you believe another person or organization has documents that are important to your Response, that you do not have, list them here. List only the most important.

Document Name

Why It Is Important To My Response

Name of Person or Organization Who Has It

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     




Confidential List of Witnesses

18. Witnesses


Please list the witnesses that you intend to rely on in the hearing. Note: The Tribunal will not send this list to the applicant. See the Respondent’s Guide.

Name of Witness

Why This Witness Is Important To My Response

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     




Other Important Information

19. Other Important Information the Tribunal Should Know


Is there any other important information you would like to share with the Tribunal?

     



Checklist of Required Documents

20. Documents from Questions 6 to 13

Put an "X" in the box beside the documents that you are required to send with your Response. Put the Tribunal file number on each document.


 Copy of a statement of claim and the Court decision, if any (from Question 6)

 Copy of a complaint filed with the Ontario Human Rights Commission and decision, if any (from Question 6)

 Copy of a full and final release that the applicant signed dealing with same matter (from Question 6)

 Submissions in support of a Request for Dismissal without Full Response (under Question 6)

 Copy of a decision from another type of proceeding that appropriately dealt with the substance of the Application (from Question 7)

 Copy of a document that started another type of proceeding based on the same facts (from Questions 7 & 8)

 Copy of the policy, job description or other document that describes the requirements of the job (from Question 12 )

 Copy of your organization's policy on discrimination or harassment relevant to this Application (from Question 13)

 Copy of your organization's complaints process relevant to this Application (from Question 13)

 Copy of the applicant's internal complaint (from Question 13)

 Copy of the decision from the internal complaint process (from Question 13)

21. Declaration and Signature

Instructions: Do not sign your Response until you are sure that you understand what you are declaring here.

Declaration:

To the best of my knowledge, the information in my Response is complete and accurate.

I understand that information about my Response can become public at an open hearing, in a written decision, or in other ways determined by Tribunal policies that balance transparency in the justice system and privacy interests of participants.

I understand that the Tribunal must provide a copy of my Response and any attached documents to the Ontario Human Rights Commission on request.

I understand that the Tribunal may be required to release information requested under the Freedom of Information and Protection of Privacy Act (FIPPA).

I understand that the Tribunal makes all of its Decisions and Case Assessment Directions available to the public, including the media on request, and that the Tribunal also makes its decisions available to the public on the websites of the Canadian Legal Information Institute (www.CanLii.org). I also understand that the Tribunal may issue decisions that protect the identity of an applicant, a respondent or a witness in certain circumstances.





     

Name


____________      

Respondent’s Signature Date (dd/mm/yyyy)


 Please check this box if you are filing your response electronically. This represents your signature.

You must fill out the date, above.





Accommodation Required

If you require accommodation of Code related needs please contact the Registrar at HRTO.Registrar@ontario.ca or




    Phone: 416-326-1312 Toll-free: 1-866-598-0322

    Fax: 416-326-2199 Toll-free: 1-866-355-6099

    TTY: 416-326-2027 Toll-free: 1-866-607-1240

Where to Send your Response

Note: Only file your Response once. If the Tribunal receives this Response more than once, it will only accept the first Response Form received.

Send your completed Response Form and any attachments to:


Human Rights Tribunal of Ontario

655 Bay Street , 14th Floor

Toronto, Ontario

M7A 2A3
Fax: 416-326-2199 Toll-free: 1-866-355-6099



    Email: HRTO.Registrar@ontario.ca





01/07/2010 Form 2 – Page of



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