Procedure and forms

Procedure before the Tribunal

The Plaintiff must file an Application to Institute Proceedings 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). Within 15 days of filing the Application, the Plaintiff must file a Factum (a brief) in which he describes the allegations in greater detail (section 115). The Clerk of the Tribunal notifies the Factum to all the other parties (section 116).

Within 30 days of receiving notification of the Plaintiff's Factum, the Defendant(s) and the other parties may produce their own Factum (not mandatory) which the Tribunal then notifies to the Plaintiff (section 115).

The procedures must be filed at the Office (counter) of the Court of Quebec in the judicial district where the Defendant lives or has his principal business establishment (e.g. head office).

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