Request for Summary Hearing under Rule 19A (English / French)

Understanding the Request for a Summary Hearing – Rule 19A (Form 26) of the Human Rights Tribunal of Ontario

The Form 26, titled Request for Summary Hearing – Rule 19A, is an official document used within the Ontario human rights legal process. This form allows a party involved in a human rights application to request a summary hearing, which is a streamlined process designed to resolve certain issues more quickly than a full hearing. If you are involved in a case before the Human Rights Tribunal of Ontario (HRTO), understanding how to properly complete and submit this form is essential to advancing your case efficiently.

Purpose and When to Use the Form

The primary goal of Form 26 is to request that the Tribunal hold a summary hearing under Rule 19A of the Tribunal's Rules. This process is typically used when one party believes that the application lacks a reasonable prospect of success or that certain claims can be resolved without a full hearing. Filing this request can help save time and resources for all parties involved.

Any party who has already filed an application with the HRTO can initiate this request at any point after the application has been submitted. If the Tribunal grants the request, it will schedule a summary hearing to address the issues outlined in the application, potentially leading to a quicker resolution.

Steps to Prepare and Submit the Request

1. Complete the Form 26: Fill out all sections, including providing your contact information, details about the application, and your reasons for requesting a summary hearing. Be sure to include any supporting submissions or evidence that bolster your case for a summary process.
2. Deliver the Form to All Parties and the Tribunal: The completed form must be served on all other parties involved in the case, as well as filed with the HRTO. If you email the form and do not copy all parties, you will need to complete a Statement of Delivery (Form 23) and file it with the Tribunal.
3. Follow Up with Supporting Documents: Attach any relevant documents that support your request. These could include legal arguments, evidence, or previous correspondence that justify why a summary hearing is appropriate.

Response and Tribunal Decision

Once your request is filed, the other parties have 14 days to respond by submitting a Response to the Request using Form 11. The Tribunal will review your request and any responses received. It may decide to hold a summary hearing or dismiss the request without providing reasons if it determines that a full hearing is necessary.

It is important to note that the Tribunal's decision on whether to proceed with a summary hearing is at its discretion. If a summary hearing is not granted, the case will continue through the regular process.

Additional Resources and Contact Information

For detailed guidance, the HRTO provides a Practice Direction on Summary Hearing Requests that outlines the criteria and procedures. You can access this document on the Tribunal's website.

If you need assistance with the form or require a paper or accessible version, 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 at 1-866-598-0322
• Email: [email protected]

Summary

In summary, Form 26 is a procedural tool to expedite certain human rights cases through a summary hearing. Proper completion, timely service, and adherence to the Tribunal's rules are critical to ensuring your request is considered. If successful, a summary hearing can lead to a faster resolution of your application, saving time and resources for all parties involved.