Reprisal Claims Ontario | HRTO Case Law

Reprisal Case Laws in Ontario

Understanding Your Rights Under the Ontario Human Rights Code

At Apuntar Legal Services, we are committed to protecting individuals who have been punished for standing up for their human rights. One of the most serious violations under Ontario’s Human Rights Code is reprisal—when a person faces negative consequences for asserting or enforcing their rights.

This page explains what constitutes a reprisal, how the Human Rights Tribunal of Ontario (HRTO) addresses these claims, and highlights relevant HRTO case law to help you understand how these matters are treated legally.

What Is a Reprisal Under the Human Rights Code?

Under Section 8 of the Ontario Human Rights Code, reprisals are prohibited. A reprisal occurs when someone experiences retaliation or punishment because they:

Filed a human rights complaint,
Raised concerns about discrimination or harassment,
Participated in an investigation or legal proceeding, or
Refused to comply with a discriminatory directive.

A reprisal claim does not require proof that discrimination actually occurred—only that there was adverse treatment in response to protected activity. This makes Section 8 a powerful safeguard for individuals who speak out against injustice.

The Human Rights Tribunal of Ontario (HRTO)

The Human Rights Tribunal of Ontario (HRTO) is the administrative body that adjudicates complaints under the Code. It has the authority to:

Award monetary compensation for injury to dignity, feelings, and self-respect,
Award lost wages or other financial losses,
Order reinstatement, training, or policy changes,
Make any remedial orders necessary to address the harm.

Reprisal findings often result in substantial damages, especially when termination, mental health consequences, or institutional failure are involved.

Notable HRTO Reprisal Cases

Below are leading HRTO cases that clarify how reprisal is evaluated and compensated:

Smith v. Menzies Chrysler Inc., 2009 HRTO 1936

The applicant was terminated after raising concerns about sexual harassment. The Tribunal ordered all the personal respondents and Menzies Chrysler to pay David Smith $25,000 for the injury to dignity caused by the sexual harassment. It also ordered Tom Graham personally to pay $8,000 and Mark Lyons personally to pay $2,000 for the sexual harassment. In addition, it ordered Menzies Chrysler to pay $15,000 as compensation for the violation of his right to be free from reprisal.

Morgan v. Herman Miller Canada Inc., 2013 HRTO 650

In the case of Morgan v. Herman Miller Canada Inc., 2013 HRTO 650, the Human Rights Tribunal of Ontario found that the applicant, Mr. Morgan, was terminated from his employment in reprisal for filing a human rights complaint. Although the Tribunal did not find evidence of discrimination, it concluded that the termination violated section 8 of the Ontario Human Rights Code, which prohibits reprisal against individuals asserting their human rights. As a result, the Tribunal ordered the employer to pay Mr. Morgan a total of $71,000. This included $56,000 in lost wages, representing approximately 14 months of income, and $15,000 as compensation for injury to his dignity, feelings, and self-respect.

Bertrand v. Primary Response, 2010 HRTO 186

An applicant need not prove that discrimination has occurred to benefit from the protection of s. 8 of the Code. However, the applicant must have a genuinely held the belief that the respondents were infringing his Code rights.

What Does Reprisal Look Like?

Examples of retaliation that may be considered reprisal under the Human Rights Code include:

Termination after making a human rights complaint,
Being denied shifts, hours, or promotions,
Negative performance evaluations following protected activity,
Harassment or exclusion after supporting a co-worker’s claim.

Every case turns on its facts. A legal assessment is necessary to determine whether a reprisal has occurred.

How Apuntar Legal Services Can Help

If you’ve experienced retaliation for asserting your rights, you may be entitled to financial compensation and other remedies through the HRTO. At Apuntar Legal Services, we offer:

Strategic advice on whether a reprisal occurred,
Representation before the Human Rights Tribunal of Ontario,
Negotiation of settlements or, where necessary, litigation of your claim,
Guidance on related wrongful dismissal or employment law claims in Small Claims Court or higher courts.

Time is critical: most human rights applications must be filed within one year of the incident. Early legal advice can make a difference.

Contact Us

We are here to listen. If you believe you’ve been the target of reprisal for asserting your rights under the Ontario Human Rights Code, we can help you explore your legal options.