Understanding Form 19: Responding to Settlement Contravention Claims (English / French)

Understanding the Human Rights Tribunal of Ontario Form 19: Response to an Application for Contravention of Settlement

If you are involved in a human rights settlement dispute in Ontario, you may be required to respond to an application claiming that a settlement has been contravened. This process is formalized through Form 19, titled Response to an Application for Contravention of Settlement – Rule 24. This article provides a detailed overview of when and how to use this form, what information it requires, and key points to keep in mind during the process.

When to Use Form 19

Form 19 is used by a party who wishes to formally respond to an application alleging that a settlement agreement has been violated. This situation typically arises when one party believes that the other has not complied with the terms agreed upon in a settlement. If you receive an application for contravention from the Human Rights Tribunal of Ontario (HRTO), you are obliged to file your response within 14 days of receiving the application.

Step-by-Step Process for Filing Your Response

1. Complete Form 19: Fill out the response form carefully, providing all requested information and answering each allegation.
2. Serve the Form 19: Deliver a copy of your completed response to every party involved in the original settlement.
3. Complete a Statement of Delivery (Form 23): This document confirms that the other parties have received your response.
4. File with the Tribunal: Submit both Form 19 and Form 23 to the HRTO within the specified deadline.

Failure to meet the 14-day deadline could impact your ability to participate in the hearing or proceedings related to the alleged contravention.

Information Required in Form 19

1. Application Details

At the top of the form, you will need to include:

• Tribunal File Number: The unique identifier assigned to your case.
• Name of the Applicant: The party who filed the application alleging the contravention.
• Name(s) of Respondent(s): Your name or the name of your organization, if applicable.

2. Contact Information

Provide your contact details based on whether you are responding as an individual or an organization:

• For Organizations: Include the organization’s full name, the contact person’s name and title, address, email, and phone numbers.
• For Individuals: Include your full name, address, email, and phone numbers.

Indicate your preferred method of communication, such as email or mail. Note that choosing email implies consent to document delivery via email.

3. Response to Allegations and Remedies

You must clearly state your response to each allegation of contravention. This includes whether you agree, disagree, or have additional information. Additionally, specify your position regarding any remedies or relief requested by the applicant.

4. Declaration and Signature

Before signing, ensure that all information provided is complete and accurate to the best of your knowledge. Your signature (or typed name if submitting electronically) confirms your understanding of the declaration, including the potential public disclosure of your response and the obligation to provide copies to the Ontario Human Rights Commission upon request.

Key Points and Tips for Completing Form 19

• Timeliness: Always file your response within 14 days of receiving the application. Late submissions may be rejected or impact your case.
• Clarity and Completeness: Be precise and thorough in your responses to avoid misunderstandings or incomplete submissions.
• Legal and Procedural Awareness: Understand that your responses may be shared publicly or used in hearings, and that the tribunal can release information under applicable laws.
• Contact for Assistance: If you need a paper copy or accessible format of the forms, contact the Human Rights Tribunal of Ontario directly at their Toronto office or via phone or email.

Using Form 19 correctly and promptly is crucial to effectively defending your position in a settlement contravention case. Ensure you follow the outlined steps and seek legal advice if needed to navigate the process smoothly.