Understanding the HRTO Request for an Order During Proceedings, Form (English / French)

Understanding the Request for an Order During Proceedings – Form 10

If you are involved in a case before the Human Rights Tribunal of Ontario (HRTO), you may need to ask the Tribunal to make a specific decision or order during the course of the proceedings. This process is formalized through the Request for an Order During Proceedings – Rule 15, 19, commonly known as Form 10. This article provides an overview of when and how to use this form, what information it requires, and important points to consider to ensure your request is properly submitted.

When to Use Form 10

This form is applicable at any point after an application has been filed with the HRTO. You might want to file a Form 10 to:

• Request to add a party to the proceeding
• Seek an extension of time to do something in the process
• Request an adjournment or rescheduling of hearings
• Request the production of documents or evidence
• Ask the Tribunal to consolidate or hear applications together
• Request an exemption from mandatory mediation or other procedural steps
• Make other specific requests related to the proceeding

The Tribunal will review your request and decide whether it will be handled in writing, electronically, or through an oral hearing. In some cases, the Tribunal may set a hearing date to consider your request.

How to Complete and Submit Form 10

Step-by-Step Process

1. Fill out the form: Provide your contact details, the case file number, and the names of the applicant and respondents.
2. Attach supporting documents: Include all documents relevant to your request. For example, if you're requesting production of documents, attach your prior requests and responses.
3. Serve copies: Deliver a copy of the completed form and all attachments to all parties involved in the proceeding, including any interested organizations or individuals.
4. Address non-party requests: If your request involves obtaining evidence or reports from a non-party, deliver the form to that non-party as well, in addition to other parties.
5. Complete a Statement of Delivery: Use Form 23 to confirm that all parties have received the documentation.
6. File the forms: Submit the completed Form 10 and Form 23 to the HRTO, either electronically or in person.

Important Considerations

• Timeliness: Submit your request as soon as the need arises to avoid delays.
• Clarity and detail: Clearly describe the order you are requesting and the reasons behind it. The more specific your explanation, the better the Tribunal can understand your needs.
• Consent of other parties: Indicate whether the other parties agree with your request. If not, be prepared to provide reasons or evidence supporting your position.
• Supporting evidence: List and attach all relevant documents that support your request. This may include prior correspondence, affidavits, or reports.

Responding to a Request for an Order

If you receive a copy of a Form 10, you have the opportunity to respond by completing a Response to a Request for an Order During Proceedings – Form 11. This response should address whether you agree or oppose the request and provide any supporting information or objections.

Legal and Procedural Tips

Remember that all information submitted to the HRTO may become part of the public record unless a confidentiality order is granted. Ensure that your submissions are complete, accurate, and well-supported to avoid delays or rejection of your request. If you are unsure about how to complete the form or the best strategy for your case, consider consulting with a legal professional experienced in human rights law.

Contact and Additional Resources

For assistance, the HRTO provides contact options including phone, email, and accessible formats. You can also download the necessary forms directly from the Tribunal's website. Ensuring your request complies with the Tribunal’s procedural rules will help facilitate a smooth process and increase the likelihood of your desired outcome.