Procedure before the Tribunal

The Plaintiff must file an Originating Application accompanied by the summons at the Office of the Court of Quebec (the greffe) in the judicial district where the Defendant lives or has his principal business establishment (section 114 of the Charter). The Originating Application and the summons shall contain the information specified in sections 17 and 18 of theRegulation of the Tribunal.

 

Within 45 days of service of the Originating Application, the defendant may file a Defence containing the elements set out in section 20 of the Regulation and must, where applicable, notify it to all the parties (section 115 of the Charter).

Within the same time limit, any other party may file Written Observations and must, where applicable, notify it to all the parties (section 115 of the Charter).

 

These procedures must be filed at the office of the Court of Québec in the district where the application is filed.

As of April 15th, 2024, it is be possible to file your proceedings* concerning a case before the Tribunal with the Greffe numérique judiciaire du Québec (GNJQ). To access this service, please visit the following website:

Services judiciaires numériques - Homepage (gouv.qc.ca)

To file your Tribunal proceedings with the GNJQ, once you have read the information and terms of use pages, go to the Filing Form page under the Information about the document being submitted:

1. You must select "Court of Quebec". 

2. You must select "Civil" for the subject matter.

3. Then select "Human Rights Tribunal" to specify the subject or tribunal in question.

*Please note that the list of exhibits and exhibits are excluded from filing with the Greffe numérique judiciaire du Québec. For these documents, please follow the indications in the Tribunal's Regulation and its Directive.

 

Pamphlet that explains the principal steps of a litigation before the Tribunal: The Human Rights Tribunal - How to assert your rights

N.B. : Please note that the pamphlet is not up to date and doesn't take into account the abolition of the parties' factums.

 

Forms and guides

Notice of Contact Information

All persons who have received notification of the Application to Institute Proceedings, as well as their lawyers, have the obligation to complete the contact information form and the notice of change of adress (section 19 of the Regulation) :

Contact Information Form

Notice of Change of Adress

 

 

Forms

The Tribunal makes available procedural forms for parties who are not represented by a lawyer. These forms can be filled out directly on a computer. The principal forms are grouped according to whether you are acting as the plaintiff (the party who is suing) or the defendant (the party being sued).

Plaintiffs

Originating Application

Summons (accompanying the Originating Application)

Plaintiff’s list of exhibits

Defendants

Defence 

Defendant's list of exhibits

Schedule 

Schedule 

Other forms

Application for Case Management Conference

Application for Referral to Another Judicial District

Application for Relief from the Default of Filing the Factum in the Time Limit Provided (Abolished on September 1st, 2023)

Application for Postponement of a Hearing

Notice for Resumption of Proceedings

Notice of Discontinuance

Notice of Settlement

 

Settlement Conference (Mediation)

The Tribunal also offers the parties involved in a litigation the option of taking part in a settlement conference (mediation) to find a solution to their dispute. (See the section Settlement Conference).