How to Request a Tribunal Ordered Inquiry in Ontario (English / French)

Understanding the "Request for a Tribunal Ordered Inquiry – Rule 20" (Form 12) of the Human Rights Tribunal of Ontario

If you are involved in a human rights dispute before the Human Rights Tribunal of Ontario (HRTO), you may find yourself needing to gather evidence to support your case. In certain situations, a party may request the Tribunal to appoint an independent person to conduct an inquiry into specific issues related to the case. This process is formalized through the "Request for a Tribunal Ordered Inquiry" (Form 12), which is governed by Rule 20 of the Tribunal's Rules of Procedure.

When to Use Form 12

This form is used when a party—either the applicant or the respondent—believes that an inquiry is necessary to obtain evidence that is crucial for a fair resolution of the matter. Such requests are typically made when the evidence cannot be easily obtained through standard discovery processes or when specialized investigation is required. Examples include situations where there are allegations of misconduct, harassment, or other behaviors that require a detailed fact-finding process.

Key Steps to Complete and Submit Form 12

1. Fill out the form: Provide all required information, including the Tribunal file number, names of the parties, and your contact details.
2. Describe the evidence: Clearly specify what evidence or information you seek to obtain through the inquiry.
3. Explain necessity: Justify why this evidence is essential for a fair and efficient resolution of the case.
4. Document efforts made: Outline any steps you have already taken to gather this evidence independently.
5. Justify the inquiry: Explain why an inquiry, rather than other methods, is necessary to obtain this evidence.
6. Propose terms of reference: Describe the scope and objectives of the inquiry you are requesting.

Once completed, you must deliver a copy of the form to all involved parties and complete a Statement of Delivery (Form 23). Subsequently, you file both Form 12 and Form 23 with the HRTO. This formal process ensures transparency and proper notification to all parties involved.

Responding to a Request for Inquiry

If you receive a copy of a Form 12 from another party, you have the opportunity to respond by completing a Response to a Request for a Tribunal Ordered Inquiry (Form 13). Your response must be filed within 14 days of receiving the request. Similar to the initial request, you must deliver a copy of your response to all parties and complete a Statement of Delivery (Form 23). This process allows both sides to present their views on whether the inquiry should proceed and what its scope should be.

Important Points to Remember

• Timelines: The response to a request for inquiry must be filed within 14 days of receipt.
• Accessibility: Forms are available on the HRTO website, and accessible formats can be requested by contacting the Tribunal directly.
• Legal context: The Tribunal’s authority to order an inquiry is grounded in the Human Rights Code and the Tribunal’s Rules of Procedure.
• Signatures and declarations: The form must be signed by the requesting party, affirming that all information provided is complete and accurate.

Additional Resources and Filing Instructions

All forms related to this process, including Form 12, can be downloaded from the HRTO's official website under the "Forms & Filing" section. If you require a paper copy or an accessible version, contact the HRTO directly at the provided phone numbers or email. The Tribunal’s office is located at 15 Grosvenor Street, Ground Floor, Toronto, ON.

By following these steps and understanding the purpose of Form 12, parties involved in a human rights case can effectively request the Tribunal to appoint an inquiry officer, helping to clarify facts and support a fair resolution of the dispute.