Understanding Form 8: Responding to OHRC Applications (English / French)

Understanding the Purpose of Form 8: Response to an Application by the Ontario Human Rights Commission

Form 8 is an official document issued by the King's Printer for Ontario, designed to facilitate a formal response to an application filed by the Ontario Human Rights Commission (OHRC) before the Human Rights Tribunal of Ontario (HRTO). If you have been named as a respondent or an affected person in an application (Form 7) submitted by the OHRC, completing and submitting this form is a crucial step in protecting your legal interests.

Who Should Fill Out This Form?

This form is intended for organizations or individuals who have been named as respondents in a human rights application. Respondents can be corporations, partnerships, sole proprietors, or individuals. If you are an organization, you must complete the section dedicated to organizational contact information. If you are an individual respondent, you should complete the section designated for individual responses. Additionally, if you have a legal representative or lawyer, you may authorize them to act on your behalf by completing the relevant section.

How to Complete and Submit Form 8

Step 1: Fill Out the Form

Begin by carefully completing all sections of the form, ensuring that your contact details, organizational information, and any legal representation are accurately provided. The form requests details such as your full name, address, phone numbers, and email. It is important to be thorough and truthful, as incomplete forms may be returned without processing.

Step 2: Respond to the Allegations

In the section dedicated to responding to the allegations, you should summarize the facts that support your position, including any defenses you wish to raise. This may include agreements or disagreements with the allegations, additional facts relevant to your case, and legal defenses. Refer to the Respondent's Guide for assistance in structuring your response.

Step 3: Deliver and File the Form

Once completed, you must deliver a copy of Form 8 to the Ontario Human Rights Commission and any other parties or affected persons named in the application. Additionally, you need to complete a Statement of Delivery (Form 23). Both the completed Form 8 and Form 23 must be filed with the HRTO within 60 days of receiving the application (Form 7). Delivery can be made by mail, email, or fax, depending on what is most convenient for you. Ensure that your response is legible and complete to avoid delays or rejection.

Key Deadlines and Legal Implications

It is important to note that failing to submit a complete response within the 60-day deadline may result in the Tribunal deeming that you accept all allegations made against you. This could lead to the Tribunal proceeding without further input from you, based solely on the materials filed. Therefore, timely and accurate completion of Form 8 is essential for your legal defense and to ensure your rights are protected throughout the process.

Additional Tips and Common Errors to Avoid

• Ensure completeness: All parts of the form must be filled out, including contact details and responses to allegations.
• Legibility: If submitting a paper copy, ensure handwriting is clear and legible.
• Accurate delivery: Confirm that copies are sent to all relevant parties, and keep proof of delivery.
• Timeliness: Adhere strictly to the 60-day deadline to avoid default judgments.

Where to Find the Forms and Assistance

Forms, including Form 8 and Form 23, are available for download from the HRTO website under the Forms & Filing section. If you require a paper copy or need accessible formats, you can contact the Human Rights Tribunal of Ontario at their Toronto office or through their toll-free numbers. Assistance is also available via email for guidance on completing the forms properly.

Responding appropriately to an application filed by the Ontario Human Rights Commission is a vital step in defending your rights. By understanding the purpose of Form 8, following the correct procedures for completion and submission, and respecting deadlines, you can ensure your response is effective and compliant with tribunal requirements.