Can an HRTO Application Be Dismissed for Delay in Ontario?

Can an HRTO Application Be Dismissed Because It Was Filed Too Late?

Yes — the Human Rights Tribunal of Ontario (HRTO) can and does dismiss applications that are filed outside the one-year limitation period, and a 2026 decision makes clear that good intentions alone will not save a late filing. In Kmiecik v. SIRT Centre, 2026 HRTO 875 (CanLII) (read the decision), the Tribunal dismissed an application after finding it was not filed within the required timeframe and that no adequate justification was provided for the delay.

What Is the One-Year Limitation Period at the HRTO?

The one-year limitation period means you generally have 12 months from the last incident of discrimination or harassment to file your application with the HRTO. Under the Human Rights Code, this deadline is strict. The clock typically starts running from the date of the most recent act you are complaining about — not from when you first realized it might be a human rights issue, and not from when you found a lawyer.

Missing this window does not automatically end your case, but it puts a significant burden on you to explain why the Tribunal should still accept your application.

What Does “Plain” Mean When the HRTO Reviews a Late Application?

When an application appears on its face to be filed outside the limitation period, the Tribunal will conduct what is sometimes called a “plain” review — a straightforward assessment of whether the timeline is obviously out of time. If the dates clearly show the filing came too late, the application can be dismissed at an early stage without a full hearing. This is exactly what happened in this case: the timeline was not disputed, and the Tribunal found no reason to look past it.

This matters because applicants sometimes assume a full hearing will be scheduled regardless of when they file. That assumption can be costly.

Does Good Faith Count for Anything at the HRTO?

Good faith on its own is not enough to extend the limitation period. The HRTO may consider whether an applicant acted in good faith as one factor when deciding whether to extend time, but it is not a trump card. The Tribunal looks at the full picture: how long the delay was, whether there is a reasonable explanation, whether the respondent would be prejudiced by allowing the application to proceed, and whether the applicant took reasonable steps to protect their rights once they became aware of the issue.

In this case, whatever explanation was offered did not persuade the Tribunal that an extension was warranted. The application was dismissed.

Can the HRTO Ever Extend the One-Year Deadline?

Yes, the HRTO has discretion to allow a late application to proceed if it is in the public interest to do so. However, this is not automatic and it is not easy to obtain. Applicants who want an extension must proactively ask for one and provide a clear, credible explanation for why they could not file on time. Vague reasons or simple oversight are unlikely to succeed. Medical emergencies, documented mental health crises, or situations where the applicant genuinely could not have known about their rights may carry more weight — but even then, the Tribunal weighs all the circumstances.

If you are approaching the one-year mark and are unsure whether your situation qualifies, speaking with an Ontario litigation lawyer before the deadline passes is far better than seeking an extension after the fact.

What Happens After an HRTO Application Is Dismissed for Delay?

Once an application is dismissed for being out of time, the complainant generally loses the ability to pursue that particular human rights claim through the HRTO. There may be other legal avenues depending on the circumstances — for example, a wrongful dismissal claim through the courts or a complaint under a different statute — but the human rights route at the Tribunal is effectively closed. This is why acting promptly is so important.

Our Ontario litigation lawyers regularly advise clients on which forum is best suited to their situation and how to preserve their rights before deadlines expire.

Practical Takeaways for Employees and Human Rights Complainants

• Mark the one-year deadline immediately. As soon as a discriminatory incident occurs, note the date and count forward 12 months — that is your hard deadline to file at the HRTO.
• Do not wait for an internal process to conclude. Workplace investigations, grievances, or mediation do not automatically pause the HRTO limitation period.
• If you are close to the deadline, file first and refine later. An imperfect application filed on time is better than a polished one filed too late.
• If you have already missed the deadline, ask for an extension right away. Provide a detailed, honest explanation and supporting documentation where possible.
• Get legal advice early. A lawyer familiar with human rights proceedings in Ontario — including those serving clients in Burlington and the surrounding region — can help you avoid procedural pitfalls that could sink an otherwise valid claim.

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UL Lawyers offers a free initial consultation from their Burlington office and works with clients across Ontario. If you believe your human rights have been violated and you are unsure whether you are within the filing window, reaching out sooner rather than later gives you the best chance of protecting your claim. Connect with our human rights and civil litigation team to discuss your options.

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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.