Human Resources Legislative Update
Consultation Process on HRTO Rules Announced
Date: May 15, 2013
The Social Justice Tribunals Ontario (“SJTO”) has announced a consultation process regarding proposed new Common Rules of Procedure which will apply to Tribunals in the SJTO cluster, including the Human Rights Tribunal of Ontario (“HRTO”).
One proposed change of interest to employers and respondent service providers is the codification of existing case law regarding vexatious litigants. Since 2008, the HRTO has developed a body of jurisprudence which reflects how it will deal with litigants who fail to be respectful of the Tribunal’s processes. The new general rules of the SJTO cluster (which will apply to the HRTO) include specific rules regarding “Courtesy and Respect” and “Abuse of Process”. Other new rules include some clarification about litigation guardians for minors as well as some further guidance on who may represent a party at an HRTO hearing.
The proposed new Rules are posted. Any comments on the proposed changes are invited by May 31, 2013.