Complaint and Tribunal Process Practice Questions

Question 1 of 5

After filing an HRTO Application, the Tribunal offers the parties mediation. What is the nature and purpose of HRTO mediation?

• AMediation is mandatory and binding in all HRTO cases, since hrto mediation is voluntary
• BMediation is voluntary and confidential — it allows the parties to reach a settlement without a hearing, often resulting in faster resolution and outcomes tailored to the parties' needs, such as apologies, policy changes, and monetary compensation
• CMediation replaces the hearing and the mediator decides the case
• DOnly the complainant can request mediation; the respondent has no say real estate

Question 2 of 5

In an HRTO case, a property manager refused to rent to a same-sex couple, stating the property owner's 'religious values' did not permit it. The Tribunal awarded the couple $12,000 in damages. What principle does this case illustrate?

• AReligious beliefs can justify discrimination in housing, since this approach would extend to justifying discrimination in the provision of housing, which is a public-facing activity covered by s. 2(1) of the Code
• BThe property manager was not liable because they were acting on the owner's instructions
• CThe award was for the couple's inconvenience, not discrimination
• DThe property owner's religious freedom does not override the prohibition on discrimination in housing based on sexual orientation — the Code's housing protections apply regardless of the personal beliefs of the housing provider

Question 3 of 5

What types of remedies can the HRTO order if a housing discrimination complaint is successful?

• AOnly a written apology from the respondent; however, an apology may be part of a settlement, but the hrto's remedial powers are much broader, including monetary damages, restitution, and systemic orders
• BCriminal sanctions including imprisonment, since the HRTO is a civil tribunal, and it does not impose criminal sanctions
• CMonetary compensation for injury to dignity, restitution for losses, and non-monetary remedies such as orders to change policies, attend training, or cease discriminatory conduct — the HRTO has broad remedial powers under s. 45.2 of the Code
• DOnly a fine payable to the Ontario government

Question 4 of 5

In a systemic investigation, the OHRC found that a large property management company's tenant screening process disproportionately rejected applicants of African and Caribbean descent. The company argued its criteria were race-neutral. What systemic remedy was ordered?

• AA fine of $500 per rejected applicant
• BNo remedy, because the company did not intend to discriminate, on the basis that intent is not required to establish discrimination under the code
• CThe company was only required to apologize, because an apology alone is insufficient for systemic discrimination
• DThe HRTO ordered systemic remedies including revision of screening criteria, mandatory anti-discrimination training for all staff, regular auditing of screening outcomes by race, and periodic reporting to the OHRC — demonstrating that systemic discrimination requires systemic solutions

Question 5 of 5

Fatima, a tenant wearing a hijab, reports to her property manager that her building superintendent has been making repeated derogatory comments about her religion and telling her she "doesn't belong in this building." The property manager, a RECO registrant, dismisses the complaint as a personality conflict. What is the most accurate legal analysis of this situation?

• AThe superintendent's comments constitute harassment under section 2(2) of the Ontario Human Rights Code, and the property manager's failure to address the complaint may make the property management company vicariously liable for the ongoing harassment
• BThe comments are inappropriate but do not meet the legal threshold for harassment because they did not involve a physical threat or denial of services
• CHarassment complaints must be directed to the police, not the HRTO, because harassment is a criminal matter rather than a human rights issue
• DThe property manager has no obligation to intervene because the superintendent is an employee of the building owner, not the property management company