Case snapshot
At a glance
- Case
- Can an HRTO Application Be Dismissed for Abandonment in Ontario?
- Court / Tribunal
- Human Rights Tribunal of Ontario
- Date
- June 25, 2026
- Area of law
- Wills Estates
- Key issue
- Whether the Human Rights Tribunal of Ontario has authority to dismiss an application where the applicant fails to participate in the process, including mediation.
- Outcome
- The application was dismissed on the basis that it had been abandoned by the applicant.
- Why it matters
- If you have filed an HRTO complaint, failing to respond or participate can result in your case being permanently dismissed before it is ever heard.
Legal principle
The rule from this case
The Human Rights Tribunal of Ontario has the authority to dismiss an application where an applicant stops engaging with the process. This can happen when an applicant fails to respond to communications, misses scheduled steps like mediation, or otherwise signals — through inaction — that they no longer intend to pursue their claim. The Tribunal treats active participation as an ongoing obligation, not a one-time requirement at the time of filing. Abandonment is not about fault or blame. The Tribunal's concern is procedural: if an applicant is not moving their case forward, the process cannot function. The Tribunal will generally give applicants notice and an opportunity to explain before dismissing, but where no satisfactory explanation is provided, dismissal is the result.
Important limits
What this does not mean
This decision does not mean that every delay or missed deadline will automatically end a human rights application. The Tribunal considers the full picture before concluding that a case has truly been abandoned. A single missed communication or a brief period of inactivity is unlikely, on its own, to result in dismissal. It also does not mean that a dismissed application is always gone forever. In some circumstances, an applicant may be able to seek reconsideration or explain why they were unable to participate. However, those remedies are not guaranteed and the bar for reopening a dismissed matter is high. The safest course is always to stay engaged with the process from the moment you file.
Can the HRTO Dismiss Your Application Without Hearing It?
Yes — the Human Rights Tribunal of Ontario can dismiss an application without ever reaching the merits if the applicant stops participating in the process. That is exactly what happened in Chen v. Dollarama LP, 2026 HRTO 989 (CanLII), a decision released in June 2026. The Tribunal found that the applicant had abandoned the proceeding, and the application was dismissed as a result.
For anyone who has filed — or is thinking of filing — an HRTO complaint, this outcome is a practical warning about what happens when you go silent.
What Does “Abandonment” Mean at the HRTO?
Abandonment at the HRTO means that an applicant has stopped engaging with the process to the point where the Tribunal concludes they no longer intend to pursue their claim. It is not a formal legal test with a single trigger. Instead, the Tribunal looks at the overall pattern: Has the applicant responded to communications? Have they participated in scheduled steps? Is there any indication they are still pursuing the matter?
When the answer to those questions is consistently “no,” the Tribunal has the authority to treat the application as abandoned and dismiss it. This power exists to keep the process functioning and to avoid leaving respondents — in this case, Dollarama LP — in a state of indefinite uncertainty.
What Role Does Mediation Play in the HRTO Process?
Mediation is a standard and important step in most HRTO proceedings. It gives both parties a chance to resolve the dispute without a full hearing. Participation in scheduled Tribunal processes, including mediation, is expected of applicants — it is not optional.
When an applicant fails to show up for or engage with mediation without a valid explanation, it is one of the clearest signals to the Tribunal that the case may have been abandoned. In Chen v. Dollarama LP, the failure to participate in the process — including this kind of scheduled step — contributed directly to the dismissal.
What Happens After an HRTO Application Is Dismissed for Abandonment?
Once an application is dismissed for abandonment, the proceeding is over. The applicant does not get a hearing on the substance of their complaint. The respondent is no longer required to defend itself, and the matter is closed from the Tribunal’s perspective.
In limited circumstances, an applicant may seek reconsideration of a dismissal order. However, reconsideration is not an appeal and is not easily granted. The applicant would need to demonstrate a serious error in the decision or provide a compelling reason why they were unable to participate. Simply wishing to restart the process is not enough.
What Should You Do If You Cannot Participate in Your HRTO Case?
If something comes up that prevents you from participating — illness, a family emergency, difficulty reaching legal help — the right move is to contact the Tribunal immediately and explain the situation. Do not go silent. The Tribunal is more likely to accommodate a genuine difficulty if you communicate proactively than if you simply stop responding.
You should also consider getting legal advice as early as possible. Human rights proceedings have their own rules and timelines, and understanding what is expected of you at each stage can prevent a procedural misstep from ending your case before it begins.
Practical Takeaways for Human Rights Applicants
- Stay in contact with the Tribunal at every stage. Missing communications — even unintentionally — can be read as a sign that you have abandoned your case.
- Attend all scheduled steps, including mediation. These are not optional, and non-attendance is one of the strongest indicators of abandonment.
- If you cannot participate, explain why — in writing, and promptly. A documented reason is far better than silence.
- Get legal advice early. Understanding the process before you file helps you avoid procedural pitfalls that can end your case without a hearing.
- Do not assume your application is moving forward on its own. You are responsible for actively pursuing your claim throughout the process.
If you have questions about a legal matter involving workplace rights or other disputes and want to understand your options, UL Lawyers offers a free initial consultation from their Burlington office and serves clients across Ontario. Reach out to speak with a member of our team about your situation — our Ontario legal team is here to help you understand where you stand.
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
The timeline varies widely depending on complexity and whether the matter settles at mediation. Some cases resolve within months; others take several years to reach a full hearing. Staying engaged with the process helps avoid unnecessary delays.
Generally, once an application is dismissed for abandonment, refiling the same claim is very difficult because the original one-year filing deadline will likely have passed. Seeking reconsideration of the dismissal order is usually the only available route.
You are not required to have a lawyer, but legal advice can significantly improve your chances of success and help you avoid procedural mistakes — like the kind that led to dismissal in this case.