Judicial Review

This guide is general information only. It is not legal advice about your situation. This guide is not a substitute for a lawyer’s research, analysis and judgment. This guide is reliable as of the date of publication (January 2021). You should be aware that the law and procedures under the Human Rights Code (Code) and at the Human Rights Tribunal of Ontario (HRTO) are subject to change without notice.

Introduction

Decisions of the Human Rights Tribunal of Ontario (Tribunal) are generally considered to be final decisions and are not reviewable by a court except in accordance with two very specific types of proceedings – requests for reconsideration and applications for judicial review. This guide is only about applications for judicial review.

An application for judicial review of a decision of the Tribunal is made to the Divisional Court, a branch of the Ontario Superior Court of Justice (Court). Applying for judicial review is a time-consuming, complicated and costly procedure. Before considering filing an application for judicial review, you should seek the advice of a lawyer, as soon as possible after receiving the Tribunal decision.

In particular, you need to be aware that there are financial risks in bringing an application for judicial review. Not only will you have to pay for your own lawyer (if you decide to retain one) but, if you lose the application, the Court may order that you pay some of the legal expenses that were spent by your opponent in order to prepare for and argue the application. These legal expenses are known as “costs” and they are often awarded by the Divisional Court in the $5,000-$10,000 range. The unsuccessful party must pay the legal costs of the successful party, so if you lose, you will likely be ordered to pay costs to the other party.