Should I file at the Human Rights Tribunal or sue in court for discrimination in Ontario?

For a claim based specifically on discrimination under the Human Rights Code, the Human Rights Tribunal of Ontario is generally the dedicated forum designed to handle it, offering a process focused specifically on discrimination and harassment claims rather than general civil litigation. Filing there is generally free of court filing fees, and the process is designed to be more accessible to someone without a lawyer than a full Superior Court lawsuit would be, though it comes with its own specific procedures, deadlines, and remedies that differ from an ordinary civil claim.

In some situations, discrimination-related facts might also support a separate civil claim in court, such as where the same underlying events also give rise to a related civil wrong beyond discrimination itself, and a person may need to consider whether pursuing both, or choosing one over the other, makes sense given how the two forums interact and what remedies each can actually provide. Because choosing the wrong forum, or missing a chance to pursue an available civil remedy alongside a human rights application, can meaningfully affect the outcome, getting advice on which route, or combination of routes, fits your specific situation is worthwhile before filing anywhere.