Understanding the Application for Contravention of Settlement, Rule (English / French)

Understanding the Application for Contravention of Settlement – Rule 24 of the Human Rights Tribunal of Ontario

If you have been involved in a legal settlement under the Human Rights Code in Ontario and believe that a party has violated the terms of that settlement, you may need to file an Application for Contravention of Settlement (Form 18). This official form is a crucial step in seeking enforcement when settlement agreements are not respected. This article explains when and how to use this form, what information it requires, and key points to consider during the process.

When to Use Form 18

The Application for Contravention of Settlement is used in specific circumstances:

• You were a party to a written settlement of a human rights complaint under section 34 or 35 of the Human Rights Code, which was signed by all parties involved.
• You believe that one of the parties has violated or failed to comply with the terms of that settlement.
• The settlement was approved by the Ontario Human Rights Commission or the parties involved.

Additionally, this form can be used if the settlement was reached before June 30, 2008, under the old Part IV of the Human Rights Code, provided it was approved in writing and by the Commission.

Important Deadlines and Time Limits

It is essential to file your application within six (6) months of the alleged contravention. If there are multiple violations, the six-month period applies from the last contravention in the series. The Human Rights Tribunal of Ontario (HRTO) may extend this deadline if it determines that the delay was made in good faith and that no substantial prejudice will result to any party involved.

Steps to Complete and Submit the Application

Filing your application involves several steps:

1. Fill out the Form 18: Provide your details, the details of the other parties involved, and information about the alleged contravention.
2. Attach a copy of the settlement: Include the written agreement that was signed by the parties.
3. Deliver copies to all parties: Send a copy of the completed Form 18 to each party involved in the settlement.
4. Complete a Statement of Delivery (Form 23): Confirm that copies have been sent to all parties.
5. File the documents with the HRTO: Submit Form 18 along with the completed Form 23 to the Tribunal.

It is important to keep copies of all documents and proof of delivery, as these will be necessary if the case proceeds to hearing.

Responding to an Application for Contravention

If you are a respondent (the party accused of contravening the settlement), you will receive a copy of the application and have the opportunity to respond. To do so:

• Complete a Response to an Application for Contravention of Settlement (Form 19).
• Send a copy of your response to all involved parties.
• Fill out a Statement of Delivery (Form 23) confirming your response has been sent.
• File Forms 19 and 23 with the HRTO within 14 days of receiving the application.

Additional Considerations and Contact Information

When preparing your application, ensure all information is accurate and complete. Incomplete or late submissions may delay proceedings or impact the outcome. If you need assistance, you can contact the Human Rights Tribunal of Ontario at:

• Address: 15 Grosvenor Street, Ground Floor, Toronto, ON M7A 2G6
• Phone: 416-326-1312 or toll-free 1-866-598-0322
• Email: available through the Tribunal’s website or upon request

Remember, the HRTO may extend deadlines in exceptional cases, but it is advisable to act promptly to protect your rights and ensure your application is considered.

Summary

The Form 18 is a formal legal document used to enforce settlement agreements under the Ontario Human Rights Tribunal. It requires detailed information about the parties, the settlement, and the alleged contravention. Proper completion and timely submission are vital to ensuring your case is heard. If you are involved in a dispute over a human rights settlement, understanding this process can help you take the appropriate steps to uphold your rights and resolve issues effectively.