Key Updates to Human Rights Tribunal’s Rules – Mandatory Mediation and Stricter Timelines
Effective June 1, 2025, significant amendments to the Human Rights Tribunal of Ontario (HRTO) Rules of Procedure came into force. These changes will primarily affect how new applications are processed, particularly in relation to mediation, scheduling, and procedural deadlines. Respondents—typically landlords, property managers, and employers—should take note, as these updates heighten the urgency and importance of early legal engagement when a complaint is filed.
Mandatory Mediation Now Required for New Applications
As of June 1, 2025, Rule 15 of the HRTO’s Rules of Procedure will require that mediation be scheduled automatically and attended by all parties in all applications filed on or after that date. This marks a shift from the former optional mediation model.
- Attendance at mediation will be mandatory, with exemptions granted only in exceptional circumstances
o If an applicant fails to attend the scheduled mediation, their application may be dismissed
o If a respondent fails to attend, the Tribunal may proceed in their absence, potentially leading to adverse findings or default rulings
This change underscores the importance of monitoring all correspondence from the Tribunal closely and acting quickly to respond.
A number of HRTO forms will be updated, so it will be important to ensure you are using the current form when engaging with the HRTO.
The mandatory mediation requirement will apply only to applications filed on or after June 1, 2025. Note that applications currently in progress or filed before that date will continue under the previous rules, where mediation remains voluntary.
Stricter Rules Around Extensions, Adjournments, and Scheduling
The Tribunal has also tightened its approach to requests for:
- Rescheduling
- Adjournments
- Extensions of time
Parties will be expected to act promptly once they are served with an application. The HRTO has signaled that it will be less inclined to grant extensions for reasons such as late attempts to retain counsel or other delays that arise close to deadlines or scheduled appearances. Previously, requests could be submitted in email to the HRTO. These requests now require a completed applicable form for submission. This makes immediate legal consultation essential upon receipt of an application.
What These Changes Mean for You
If your organization is served with an HRTO application:
- Act quickly: Reach out to legal counsel immediately to assess timelines and obligations.
- Expect mediation: Prepare to attend mediation as a mandatory step.
- Plan ahead: Delays in securing representation or requesting adjournments will not be treated with any lenience.
These updates reflect the Tribunal’s effort to streamline its processes and reduce backlogs. While they may improve overall efficiency, they also place greater pressure on respondents to be organized, responsive, and proactive from the moment an application is received.
If you have any questions about how these changes might affect your organization, or need support responding to an HRTO application, please contact our office.
Kristin Ley is a Lawyer and the Practice Group Leader in the Multi-Residential Housing Group and she can be reached at:
June Purres is a Licensed Paralegal in the Commercial Litigation Law group and practices before the Small Claims Court of Ontario and the Human Rights Tribunal of Ontario. June can be reached at:
