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 (June 2025). 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.
This information sheet deals with how to make a request to the Human Rights Tribunal of Ontario (the Tribunal) for an extension of a deadline. In addition to this Guide, please also consult the Tribunal’s Practice Direction on Extensions and FAQ: Updates to Extension Requests.
On this page:
- Can I ask for an extension to file my application late?
- What kinds of Tribunal deadlines can I ask for an extension for?
- How do I make a request for an extension of a deadline?
- What factors will the Tribunal consider in deciding whether to grant my extension request?
- When might the Tribunal deny an extension request?
Can I ask for an extension to file my application late?
No. The deadlines for filing an application are one (1) year after the incident of discrimination, or six (6) months) a Contravention of Settlement Application. These are limitation periods set out in the Code. The Tribunal only has the power to extend deadlines that are either set out in the Rules or have been set by the Registrar or a Tribunal adjudicator but cannot extend a limitation period set out in the Code. For more information on limitation periods, see the HRLSC Guide on Limitation Periods.
What kinds of Tribunal deadlines can I ask for an extension for?
The Tribunal has the power to extend deadlines that are set out in the Rules of Procedure (the Rules), which includes:
- The thirty-five (35) day deadline to file a Response in Rule 8
- The twenty-one (21) day deadline to file a Reply in Rule 9
- Deadlines for disclosure set out in Rules 16 and 17
The Tribunal can extend any deadline that is set by the Tribunal Registrar or a Tribunal adjudicator by way of:
- A Case Assessment Direction (CAD)
- An Endorsement
- An Interim Decision
- A Notice of Intent to Dismiss (NOID)
- A Request for Additional Submissions (RAS)
How do I make a request for an extension of a deadline?
You must use a Form 10 to make your extension request. You must explain in your Form 10 why you are unable to meet the existing deadline.
If the reason you cannot meet the deadline is related to a medical issue, ensure that you provide a medical note or other documentation to support your request.
You must also tell the Tribunal how long of an extension you are seeking. The shorter the extension, the more likely that it will be granted.
What factors will the Tribunal consider in deciding whether to grant my extension request?
The Tribunal may consider the following factors:
- How old the file is;
- Whether a previous extension request has been granted and, if so, whether it was granted on a peremptory basis (meaning that the previous extension was final and no further extensions would be granted);
- The negative impact (or prejudice) to any party;
- When the request was made compared to when the need for more time first came up (or the timeliness of the request);
- The length of the requested extension and whether it would be an unreasonable (or unduly) delay to the proceedings;
- The specific reasons for being unable to meet the stated deadline;
- Whether the reason for the request could have been expected and avoided, and what efforts, if any, were made to avoid requesting the extension;
- The public’s interest in the fair, just and speedy resolution of applications;
- Legislative requirements;
- The principles of the right to a fair legal process: being heard, having a fair hearing and the duty of adjudicators to be reasonable, fair and balanced when making decisions (also known as natural justice and procedural fairness);
- Operational considerations (such as whether HRTO staff are available on certain days); and
- Any other factors considered relevant in deciding the request.
When might the Tribunal deny an extension request?
The Tribunal may deny an extension request where:
- it is incomplete – e.g. it is not on a Form 10 or provides no reason for the request
- if the reason for your request is not one that the Tribunal considers to be an “exceptional circumstance” – e.g. you have asked to an extension because you have just hired a lawyer or need to gather more information, but the Tribunal believes you could have done so sooner.
- Your extension request is based on a medical reason, but you did not provide any supporting documentation along with the Form 10 to establish that medical reason.
- your request is less than seven (7) days before the deadline, unless there are exceptional circumstances.
If the Tribunal grants my extension request, what happens next?
If the Tribunal grants your extension request, then you should be sure to meet that deadline. It is highly unlikely that you would be granted a second extension for the same deadline. If you do not meet your deadline, there is a chance the Tribunal could dismiss your application as abandoned.
What should I do if the Tribunal denies my request?
If the Tribunal denies your request, then you must meet the original deadline. The Tribunal will not consider extension requests for the same reasons as the first request. The Tribunal will also not consider issues that would have been known during the time when you made your first request. The Tribunal may refuse to accept any document filed late and could dismiss your application as abandoned.
What should I do if the Tribunal does not respond to my request?
If you do not receive a response from the Tribunal prior to your deadline, then you should do your best to try and meet the original deadline. If you do not meet your deadline, there is a chance the Tribunal could dismiss your application as abandoned.
What should I do if the respondent has made a request for an extension?
You must respond to the request using a Form 11 within seven (7) days of receiving the Form 10. You can explain in the Form 11 whether you agree to the respondent’s request, or you oppose it. If the request was made less than seven days before the deadline, the HRTO may shorten the time you have to respond to the request.