Case snapshot
At a glance
- Case
- Can a Late Human Rights Complaint Against an Insurer Proceed in Ontario?
- Court / Tribunal
- Human Rights Tribunal of Ontario
- Date
- July 16, 2026
- Area of law
- Litigation Law
- Key issue
- Whether the Human Rights Tribunal of Ontario had jurisdiction to hear a complaint filed outside the one-year limitation period, and whether the applicant provided a good-faith explanation for the delay.
- Outcome
- The Tribunal dismissed the application, finding it lacked jurisdiction to proceed because the applicant did not provide a satisfactory explanation for filing after the one-year deadline.
- Why it matters
- If you believe an insurer discriminated against you, missing the one-year filing deadline at the HRTO can permanently end your case before it is ever heard on its merits.
Legal principle
The rule from this case
The Human Rights Tribunal of Ontario operates under a strict one-year limitation period. If an applicant files after that window closes, the Tribunal must first decide whether it even has the power to hear the case at all — a question of jurisdiction, not just procedure. To get past that hurdle, the applicant must offer a genuine, good-faith explanation for why the complaint was filed late. A vague or unsupported reason is not enough. The Tribunal weighs the explanation carefully, and if it falls short, the application is dismissed without ever reaching the substance of the discrimination claim.
Important limits
What this does not mean
This decision does not mean that human rights complaints against insurers are impossible or that the HRTO is closed to discrimination claims involving insurance companies. The Tribunal regularly hears such cases — the issue here was purely about timing, not the underlying merits. It also does not mean that every late filing is automatically doomed. The Tribunal does have discretion to extend time when an applicant provides a credible, good-faith account of the delay. Each situation is assessed on its own facts, so speaking with a lawyer promptly after a potential rights violation is the most important step a claimant can take.
Can you file a human rights complaint against an insurer after one year in Ontario?
No — not without a convincing explanation. The Human Rights Tribunal of Ontario (HRTO) requires applicants to file within one year of the last discriminatory act. Miss that window and the Tribunal will examine whether it even has the authority to hear your case before looking at anything else.
In Sherwood v. Certas Home and Auto Insurance Company, 2026 HRTO 1091 (CanLII), the Tribunal addressed exactly this situation — a complaint filed outside the one-year period, with the applicant needing to justify the delay.
What is the one-year limitation period at the HRTO?
The one-year deadline is a hard jurisdictional rule, not a soft guideline. Under Ontario’s Human Rights Code, an application must be filed within one year of the incident — or the last incident in a series — that the applicant believes was discriminatory.
Unlike some civil court limitation periods, the HRTO’s one-year rule goes to the Tribunal’s very jurisdiction. That means if you miss the deadline, the Tribunal cannot simply overlook it in the interest of fairness. It must first decide whether it has the legal power to proceed at all.
What counts as a good-faith explanation for a late HRTO filing?
A good-faith explanation is one that is honest, credible, and supported by some evidence or context. The Tribunal looks at whether the applicant genuinely did not know about the deadline, faced circumstances that made filing impossible or unreasonably difficult, or acted reasonably once they became aware of their rights.
Vague statements or bare assertions that the applicant was unaware of the process are generally not enough. The Tribunal expects applicants to show they took reasonable steps and that the delay was not simply a matter of inaction or oversight.
Why did the Tribunal dismiss this particular complaint?
The Tribunal found that the applicant had not provided a satisfactory good-faith explanation for filing outside the one-year window. Without that explanation, the Tribunal concluded it did not have jurisdiction to hear the application.
The decision did not turn on whether the alleged discrimination actually occurred. The Tribunal never reached that question. The case ended at the threshold stage — a reminder that even a strong discrimination claim can be stopped entirely by a procedural deadline.
Does this mean insurers cannot be held accountable for discrimination in Ontario?
Absolutely not. Insurance companies are subject to the Human Rights Code like any other service provider in Ontario. Discrimination in the provision of insurance — based on race, disability, age, or other protected grounds — is prohibited, and the HRTO hears these cases regularly.
The outcome in this case had nothing to do with whether Certas Home and Auto Insurance Company acted properly. The application was dismissed on timing grounds alone, leaving the substantive question unanswered. Our Ontario litigation lawyers regularly advise clients on how to protect their rights against large institutions, including insurers, before deadlines pass.
Can the HRTO ever extend the one-year deadline?
Yes, but the bar is real. The Tribunal has discretion to allow a late application if the delay was incurred in good faith and no substantial prejudice would result from allowing the case to proceed. Both conditions matter.
In practice, successful late-filing requests tend to involve applicants who faced genuine barriers — serious illness, lack of access to legal information, or ongoing harm that made it difficult to identify when the clock started running. Simply not knowing about the HRTO or hoping the situation would resolve itself is unlikely to satisfy the Tribunal.
Practical takeaways for insurance claimants
- Act quickly. If you believe an insurer treated you differently because of a protected characteristic — disability, race, age, family status, or another ground under the Code — start the clock in your mind from that moment.
- The one-year deadline is firm. Do not wait to see if the insurer changes its position or resolves the issue informally. You can still negotiate while your complaint is on file.
- Document everything. Keep records of communications with your insurer, dates of decisions you believe were discriminatory, and any steps you took to address the issue.
- Get legal advice early. A lawyer can help you identify when the limitation period began, whether your situation involves a continuing series of events, and how to frame a good-faith explanation if you are already close to or past the deadline.
- Clients in the Hamilton and Burlington area can access local support — our team at our Burlington litigation office and Hamilton litigation page serves clients across the region facing exactly these kinds of disputes.
If you are unsure whether the one-year window has already closed for your situation, the safest move is to consult a lawyer immediately rather than waiting for more certainty.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
You generally have one year from the date of the discriminatory act — or the last act in a series — to file with the Human Rights Tribunal of Ontario. Missing this deadline can end your case before it is ever heard on its merits.
Yes. Insurance companies are service providers under Ontario's Human Rights Code, and the HRTO can hear complaints about discriminatory treatment in the provision of insurance. The key is filing within the one-year limitation period.
The Tribunal will assess whether you have a good-faith explanation for the delay before deciding if it has jurisdiction to hear your case. Without a credible explanation, the application will be dismissed regardless of the strength of the underlying claim.