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Litigating cases

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The Commission’s litigation of cases before the Human Rights Tribunal of Ontario and at higher courts has been instrumental in representing the public interest, enforcing the Code, promoting the Commission’s policies, negotiating, obtaining and enforcing strong public interest remedies, and setting precedents that help to advance human rights jurisprudence in Ontario, across Canada and internationally. Under the new human rights system, the Commission will continue to represent the public interest by conducting targeted public inquiries, and may initiate applications before the Tribunal or seek to intervene in important cases.

In 2007-08, the Commission was involved in:

  • 142 cases resolved at the Tribunal, 124 or 87.3% of which were settlements
  • 18 final decisions, 8 further decisions and 31 interim decisions from the Tribunal
  • 1 decision from the Ontario Court of Justice
  • 4 decisions on appeal from the Divisional Court
  • 13 judicial review decisions from the Divisional Court
  • 4 decisions on leave to appeal from the Court of Appeal
  • 1 decision from the Supreme Court of Canada granting leave to intervene.

As of March 31, 2008, the Commission is currently litigating:

  • approximately 650 complaints before the Tribunal
  • 14 cases before the Divisional Court (11 judicial reviews and 3 appeals)
  • 3 cases at the Court of Appeal
  • 1 case at the Supreme Court of Canada.

Some of the significant settlements, decisions and court cases over the past year are included below.

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