ELLEN LOW, Whitten & Lublin, Toronto (National) Practising human rights law
+ PROS:
• Creativity. Th e Human Rights Tribunal of Ontario off ers an opportunity to craſt creative and meaningful resolutions. Th ese remedies can include apologies and mandatory human rights training, instead of just fi nancial compensation. • Speed. Th e process is relatively speedy and informal with an early opportunity for mediation. • Specialization. Because the HRTO is a specialized tribunal, the mediators, staff , and vice chairs are familiar with the law and issues so we can focus on achieving a resolution.
- CONS:
• No costs. At present, the HRTO does not have the ability to award costs. Although the process is less formal, it can take as much time and preparation as a civil proceeding, which can be expensive. For example, an employer client might successfully defend a complaint, but will have incurred legal fees that aren't recoverable. • No rigorous vetting system. Occasionally, a client will need to defend a complaint from an applicant who may not fully understand the scope and purpose of the human rights tribunal. • Low awards. Amounts awarded tend to be low, which can lead to pyrrhic victories for applicants aſt er fees and time are factored in.
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C ANADIAN Lawyer 4STUDENTS SPRING 2012 35 2/23/10 2:55:50 PM
