Human Resources and Education Law

Summary Hearings at the Human Rights Tribunal - A Short History

A few years back, the human rights system in Ontario was overhauled. The Human Rights Commission was to no longer investigate complaints and refer them to the Human Rights Tribunal (if they had some merit).  All cases were to now go directly to the Tribunal for adjudication. Applicants (who are primarily employees) would have "direct access" to the Tribunal.

While the goal was to speed up the process, many employers soon found themselves forced to attend a hearing to defend frivolous complaints. The Tribunal responded by adopting a summary hearing process, which can be initiated by the Tribunal or at the respondent's request. Under this process, the applicant must demonstrate that the complaint has a "reasonable prospect of success". The summary hearing usually occurs by teleconference with limited disclosure of documents. If the application is not dismissed, it moves on to a full hearing.

Since then, many cases have been dismissed by the Tribunal because the allegations could not be linked to a prohibited ground of discrimination. The Tribunal routinely commented that it had no jurisdiction to deal with allegations of "unfairness". But what has truly been welcomed by employers has been

Doctor’s notes, the York University case and childcare have muddied the waters for employers