Filing Discrimination Claims Ontario

Summary

In Ontario, section 34(11) of the Human Rights Code may bar HRTO applications if theres an overlapping civil proceeding. Withdrawing the HRTO claim could allow you to proceed with a civil claim. Its important to consult a lawyer to understand the implications and ensure youre not barred by overlapping claims.

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this is what the lawyer gave me for the department store where I was discrimination ****st and told to leave because I had a service dog. Can I still put in a claim?We also note that you have already filed an application with the Human Rights Tribunal of Ontario (“HRTO”) based on the same facts. Under section *(*) of the Human Rights Code (the “Code”), HRTO applications are barred where an overlapping civil proceeding has been commenced, and the proceeding has not been finally determined or withdraw
Hey ****! Based on your situation, here’s what you need to know:
- If you've filed a civil proceeding, HRTO applications might be barred under section *(*) of the Human Rights Code.
- Ensure the civil proceeding is resolved or withdrawn before pursuing HRTO claims.
Have you considered withdrawing the civil proceeding to pursue the HRTO application?
yes
If you've considered withdrawing the civil proceeding, it might allow you to pursue the HRTO application without the bar in section *(*) of the Human Rights Code. It could be beneficial to consult with a lawyer to understand the implications and next steps. Would you like help finding a lawyer to assist you further?
so if I withdraw the HRTO claim then I can file a claim in court
Case Rating: *
Withdrawing the HRTO claim should allow you to file a claim in court, as civil proceedings can proceed independently. However, it's crucial to understand potential implications and ensure you’re not barred by overlapping claims. Consulting with a lawyer could provide clarity. If you need help connecting with local lawyers, just let me know!
thank you
Case Rating: *
Hi ****! In Ontario, section *(*) of the Human Rights Code may bar HRTO applications if there's an overlapping civil proceeding. If you withdraw the HRTO claim, you could proceed with a civil claim. Consulting a lawyer can help understand potential implications and guide your next steps. If you need further assistance, feel free to ask!