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ARTICLE · 23 SEPTEMBER 2026

No Easy Exit: Can You Be Exempted From Mandatory Mediation At The HRTO?

Miller Thomson
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Mandatory mediation took effect at the Human Rights Tribunal of Ontario (“HRTO”) on June 1, 2025, and mediation is no longer optional for most new applications. For applications filed after that date, parties should assume that they will be required to participate in mediation before the matter moves forward toward a hearing, or any other consideration by the HRTO.

CanadaEmployment and HR
Patricia Forte
Patricia Forte
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Mandatory mediation took effect at the Human Rights Tribunal of Ontario (“HRTO”) on June 1, 2025, and mediation is no longer optional for most new applications. For applications filed after that date, parties should assume that they will be required to participate in mediation before the matter moves forward toward a hearing, or any other consideration by the HRTO.

Not surprisingly, some parties have asked: Can I be exempted from mandatory mediation? The short answer is “yes”, but the HRTO’s recent decisions show that obtaining an exemption will be very difficult.

The emerging case law sends a clear message: mediation at the HRTO is not an administrative step to be avoided. It is a fundamental part of its dispute resolution process. Parties seeking an exemption face a high threshold and must demonstrate truly exceptional circumstances.

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