Understanding the Response to a Reconsideration Request, Rule 26 (English / French)

Understanding the "Response to a Request for Reconsideration – Rule 26" Form of the Human Rights Tribunal of Ontario

The "Response to a Request for Reconsideration – Rule 26" (Form 21) is an official document used within the Ontario Human Rights Tribunal (HRTO) process. It serves as a formal reply from a respondent—typically an individual or organization—when they have been requested to respond to a reconsideration of a previous tribunal decision. This article provides a comprehensive overview of this form, its purpose, who should use it, and the steps involved in completing and submitting it.

Purpose and Scope of Form 21

The primary purpose of Form 21 is to allow a respondent to present their arguments and evidence in response to a request for reconsideration of a tribunal decision. A reconsideration is a process where the tribunal reviews its own decision, usually upon a party’s request, alleging that there has been an error or new evidence has emerged that could affect the outcome.

It is important to note that filing a response using this form is not mandatory unless explicitly directed by the tribunal. If the tribunal does not require a response, the respondent is not obliged to complete or submit Form 21. However, if instructed to do so, timely and complete submission becomes essential to ensure your position is properly represented in the reconsideration process.

Who Should Use This Form?

• Respondents: Parties who received a request for reconsideration of a tribunal decision and are required or choose to respond.
• Legal representatives: Lawyers or agents acting on behalf of respondents should also complete and submit this form, indicating their client and contact details.

Individuals or organizations involved in a case before the HRTO should use Form 21 to clarify their position, respond to allegations, and outline the facts or legal arguments supporting their stance.

Step-by-Step Procedure for Filling Out the Form

1. Complete the Application Information

Begin by providing the tribunal file number, your full name, and contact details. If you are acting as a representative, include the name of the party you represent and your legal or organizational identification number, if applicable. Clearly specify your preferred method of communication, whether by mail, email, or fax.

2. Present Your Written Representations

In this section, you must respond to all facts, allegations, and issues raised in the request for reconsideration. Include all relevant material facts, evidence, and legal arguments that support your position. Be thorough and clear, as this will form the basis of your response before the tribunal.

3. State Your Position on the Remedy or Relief

Indicate what outcome or relief you seek if the tribunal grants the reconsideration. This might include the original decision being upheld, overturned, or modified, depending on your case’s circumstances.

4. Sign and Date the Form

By signing, you declare that the information provided is accurate and complete to the best of your knowledge. If submitting electronically, you can type your name as a signature and include the date of submission.

Important Deadlines and Delivery Instructions

Generally, the response must be served and filed within 14 days of being directed to do so by the tribunal. It is crucial to adhere to this timeline to ensure your response is considered. Delivery can be made via mail, email, or fax, depending on your preference and the tribunal’s instructions.

If you email your response, you are consenting to document delivery by this method. Additionally, if you do not include all parties in your initial email, you may need to complete a Statement of Delivery (Form 23) to confirm proper service.

Additional Considerations After Filing

Once your response is filed, all parties—including the tribunal—will review the submissions. The tribunal may schedule further hearings or requests for additional information. It is advisable to keep copies of all documents submitted and to follow any instructions from the tribunal regarding next steps.

For access to the necessary forms or further guidance, contact the Human Rights Tribunal of Ontario at their office or through their official website tribunalsontario.ca/hrto. They also provide assistance in accessible formats or paper copies upon request.

Conclusion

The "Response to a Request for Reconsideration – Rule 26" (Form 21) is a key procedural document in the Ontario Human Rights Tribunal’s process for reviewing decisions. Properly completing and timely submitting this form ensures that your position is clearly communicated and considered during the tribunal’s reconsideration process. Always follow the instructions carefully and seek legal advice if needed to strengthen your response and protect your rights.