VIOLATION AND

REMEDIES
If discrimination or harassment is proven, the
Human Rights Tribunal of Ontario (HRTO) has
very broad powers to order parties to do whatever
is necessary to ensure that the Ontario Human Rights
Code is complied with.
The purpose of human rights remedies is not to
punish the wrongdoer but to put complainants into
the position that they would otherwise have been
in if the discrimination had not occurred.
The Code protects people in Ontario from
discrimination and harassment in five
circumstances or social areas: employment;
obtaining housing; obtaining goods, services and
facilities; contracts; and, membership in trade and
vocational associations. Both monetary and non-
monetary remedies are available.
Monetary remedies
There are three monetary remedies that can be ordered by the
HRTO. The applicant may receive money for:

1. Restitution and compensation for money that the individual

lost or was forced to spend because of the discrimination,
such as lost wages and benefits, increased rent, or moving
expenses;
2. General damages, including the right to be free from
discrimination, and injury to the person’s dignity, feelings
and self-respect as a result of the discrimination; and
3. Interest on any of these remedies.

If the HRTO determines that there are multiple instances of

discrimination or harassment, multiple awards of general damages
may be ordered. Also, the $10,000 limit for compensatory awards
for mental anguish was removed in 2006. However, the monetary
awards by the HRTO are still seen by some as being too low. As a
result, many human rights complaints are actually pursued in the
courts where it is perceived that higher amounts will be awarded.

Non-monetary remedies
Non-monetary remedies involve the HRTO ordering the respondent
to “do” something. Examples of non-monetary remedies include:

 correcting the discriminatory behaviour,

 job reinstatement,
 provide housing to the applicant,
 allow the applicant to become a member, etc.
Public interest remedies
Another type of remedy is called a public interest remedy to ensure
future compliance with the Code. This type of remedy does not
always benefit the applicant directly but rather is an action that the
respondent can be ordered to take to prevent similar discrimination
from happening in the future. A public interest remedy can be
requested by the applicant in the application, or ordered by the
HRTO on its own initiative. Examples of public interest remedies
include:
 changing hiring practices,

 developing new policies,

 developing human rights policies and complaint process,

and
 requiring human rights training for staff and management.