How to Complete and File HRTO Form 10: Request to Amend an Application

HRTO Form 10, the Request for an Order During Proceedings, is the form you file with the Human Rights Tribunal of Ontario when you need to amend an application that is already open — to correct errors, add allegations about conduct that happened after you filed, or bring in an additional respondent. You download the current version from tribunalsontario.ca/hrto/forms-and-filing/, complete it, serve it on every other party, and email it to the Registrar at HRTO.Registrar@ontario.ca.1Tribunals Ontario. Human Rights Tribunal of Ontario There is no filing fee.

When the Tribunal Will Allow an Amendment

Rule 19.1 of the HRTO Rules of Procedure lets you request an order at any point during a proceeding by filing a written Form 10. The power to grant the amendment itself comes from Rule 1.7, which allows the Tribunal to “allow any filing to be amended” in order to provide for the fair, just, and expeditious resolution of the matter.2Tribunals Ontario. Human Rights Tribunal of Ontario Rules of Procedure Rule 1.7 is also the source of the Tribunal’s separate power to add or remove a party, so if your amendment includes naming a new respondent, use Form 10 and check the “Request to add a party” box as well.3Tribunals Ontario. Human Rights Tribunal of Ontario Form 10 Request for an Order During Proceedings

Approval is not automatic. Rule 5.7 provides that when a party tries to introduce facts or issues not raised in the original application, response, or reply, the Tribunal can refuse unless it is satisfied there would be “no substantial prejudice and no undue delay to the proceedings.”2Tribunals Ontario. Human Rights Tribunal of Ontario Rules of Procedure The bigger and later your proposed change, the harder it is to get approved, particularly if the respondent would need significant extra time to prepare a defence against claims they had no reason to expect. Requests to fix a wrong date or a misspelled name almost never draw an objection. Requests that add new grounds of discrimination late in the process face a much higher bar.

Completing Form 10 for an Amendment

Form 10 has eight numbered sections. For an amendment request, sections 1 through 5, plus 7 and 8, are the ones that matter. Section 6 is only for document production requests, so skip it.3Tribunals Ontario. Human Rights Tribunal of Ontario Form 10 Request for an Order During Proceedings

Section 1: Contact Information

Enter your full name, mailing address, email, and phone number. Check the box showing whether you are the applicant, respondent, or another participant. Include the Tribunal File Number assigned to your case, since that is what ties the request to your existing file. If a lawyer or representative is filing for you, they add their own contact details, the party they represent, and their Law Society of Ontario number where applicable.

Section 2: Type of Request

Check “Request to amend Application or Response.” If you are also adding a new respondent, check “Request to add a party” on the same form. You can select more than one item where your situation calls for it.

Section 3: The Order You Want

Spell out exactly what you want changed. Identify the specific paragraphs or sections of your original application you want to modify, quote the current wording, and provide the replacement text. If you are adding new allegations, write them out in full. The reviewer should be able to compare your original filing to the proposed amended version without having to guess what you meant.

Section 4: Reasons

Explain why you need the amendment and why the information was not in your original filing. If the conduct occurred after you filed, give dates and describe what happened. If you made an honest mistake or learned new facts during the proceeding, say so plainly. Connect the new material to the claim already before the Tribunal. Vague explanations invite denials, or at least clarification requests that slow the case down.

Sections 5, 7, and 8

Section 5 asks whether the other parties consent. If you have discussed the amendment with the respondent and they agree, check “Yes” — consented requests are far easier to get approved. If you have not asked or the other side objects, check “No” or “Don’t know” as appropriate. Section 7 is where you list and attach any supporting documents, such as correspondence, medical records, or employer notices that relate to the new allegations. Section 8 is your signature and the date. If you are filing electronically, typing your name counts as your signature.3Tribunals Ontario. Human Rights Tribunal of Ontario Form 10 Request for an Order During Proceedings

Serving the Other Parties and Completing Form 23

Before you file Form 10 with the Tribunal, deliver a copy to every other party in the proceeding and to any person or organization with an interest in the request.3Tribunals Ontario. Human Rights Tribunal of Ontario Form 10 Request for an Order During Proceedings Rule 1.12 requires that all written communications to the Tribunal be addressed to the Registrar with a copy delivered to all other parties.2Tribunals Ontario. Human Rights Tribunal of Ontario Rules of Procedure

Once you have delivered Form 10, complete Form 23, the Statement of Delivery, to prove you did so. Form 23 asks for the Tribunal File Number, the names of the applicant and each respondent, the date you sent the documents, which documents you sent, who received them, and the method of delivery (email, mail, or in person). Sign and date it. The Tribunal will not accept your Form 10 for filing unless you confirm delivery to the other participants by submitting Form 23 alongside it.4Tribunals Ontario. Statement of Delivery Form 23

Filing With the Registrar

Email Form 10 and Form 23 to HRTO.Registrar@ontario.ca, copying every other party on the same email in accordance with Rule 1.12. Attach any supporting documents you listed in Section 7. The HRTO does not charge fees for applications or mid-proceeding requests, so nothing is owed at filing.

Use the current version of the form. The Tribunal has updated Forms 1, 2, and 10; older copies you may have downloaded previously are no longer valid.1Tribunals Ontario. Human Rights Tribunal of Ontario

What Happens After You File

Once the Tribunal processes your Form 10, the other parties can respond by filing Form 11, the Response to a Request for an Order, no later than fourteen days after receiving your request.5Tribunals Ontario. Response to a Request for an Order – Rule 10, 11, 15, 19, 19A Form 11 A respondent opposing the amendment will typically argue prejudice to their defence or undue delay.

A Vice-Chair or designated Tribunal member then reviews both filings and issues a written decision. If the amendment is granted, the Tribunal may issue new directions adjusting the hearing timeline or requiring additional filings to reflect the changed scope of the application. If the request is denied, the case proceeds on the original application as filed.

Consented requests move quickly. Contested requests — especially those that introduce new grounds of discrimination or name new respondents late in the process — take longer and face closer scrutiny. The strongest amendment requests explain why the information could not have been included earlier and show that granting the change will not force the other side to start their preparation over.