Request a Legal Opinion with Form 22 in Ontario Human Rights Tribunal (English / French)

Understanding the Application for Stated Case – Rule 27 (Form 22) of the Human Rights Tribunal of Ontario

The Application for Stated Case – Rule 27, also known as Form 22, is an official legal document used within the Ontario human rights process. This form allows a party involved in a tribunal proceeding to request that the Tribunal refer a legal question to the Divisional Court for a formal opinion. This process is a critical step when there is a dispute over the interpretation of legal issues related to human rights cases.

Who Should Fill Out This Form?

This form is primarily intended for the Commission—the body responsible for promoting and protecting human rights in Ontario—when it wishes to challenge a Tribunal decision on legal grounds. The Commission may file this application if it was a party or intervener in the original proceeding and believes the Tribunal's decision involves a significant legal question that requires clarification from the Divisional Court.

Parties involved in the case, such as respondents or applicants, are not the primary filers of this form but may be involved in supporting or opposing the application through submissions after it is filed.

How to Complete the Application for Stated Case

Step 1: Fill in Basic Case Information

• Tribunal File Number: Enter the unique file number assigned to your case by the Tribunal.
• Name of Applicant and Respondents: Provide the full names of all parties involved in the original case.

Step 2: Provide Contact Details for the Commission

Include the name of the contact person, their legal registration number if applicable, and full contact information—address, email, and phone numbers. Specify the preferred method of communication, whether by mail, email, or fax.

Step 3: Identify the Policy and Legal Issue

• Policy Reference: Specify the human rights policy, approved under section 30 of the Ontario Human Rights Code, that is relevant to this application.
• Statement of Reasons: Clearly outline why the Commission believes the Tribunal's decision conflicts with the policy.

Step 4: Explain the Legal Question

Describe why the legal issue at stake is significant and why it warrants a formal statement from the Divisional Court. Explain how this legal question impacts the interpretation or application of the law in the case.

Step 5: Sign and Date the Form

By signing the form, the filer confirms that all information provided is accurate and complete. Electronic signatures are accepted by typing the name, and the date should be entered in the format day/month/year.

Filing and Submission Process

The completed Form 22 must be delivered to all parties involved in the proceeding and filed with the Human Rights Tribunal of Ontario within 60 days of the Tribunal's final decision. Supporting submissions from other parties may be filed within specific timeframes:

• Supporters: No later than 20 days after receiving the application.
• Opponents: No later than 30 days after receiving the application.
• Commission Reply Submissions: The Tribunal may request or accept reply submissions within 10 days of receiving opposing submissions.

Forms can be downloaded from the HRTO website's Forms & Filing section. If a paper or accessible format is needed, contact the Tribunal directly at the address or phone numbers provided below.

Important Considerations and Common Errors

• Timeliness: Ensure the application is filed within the prescribed 60-day period after the Tribunal's decision.
• Completeness: Provide all required information, especially the specific policy reference and detailed reasons for the application.
• Signature: Remember to sign and date the form; unsigned applications may be rejected or delayed.
• Supporting Documentation: Attach any relevant legal documents or evidence that support the legal question being referred.

Contact Details for Filing and Assistance

This application is a formal legal step that can influence the interpretation of human rights law in Ontario. Proper completion and timely filing are essential to ensure your legal questions are addressed appropriately by the Divisional Court.