Fillable APPLICATION TO INSTITUTE PROCEEDINGS Sections 84 and 114

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APPLICATION TO INSTITUTE PROCEEDINGS Sections 84 and 114

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Country of origin: CANADA
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APPLICATION TO INSTITUTE PROCEEDINGS
Sections 84 and 114 of the Charter of Human Rights and Freedoms, CQLR, c. C-12
Section 13 of the Regulation of the Human Rights Tribunal, CQLR, c. C-12, r. 6
GENERAL INFORMATION
This procedural form allows the plaintiff to institute proceedings with the Human Rights Tribunal by filing an Application to
Institute Proceedings.
The plaintiff must:
(1) Have filed a complaint with the Commission des droits de la personne et des droits de
la jeunesse (Commission);
(2) Have received a Resolution and a letter from the Commission which mention that the
case can be brought before the Tribunal, in accordance with section 84 of the Charter;
(3) Submit an application to the Tribunal within 90 days of the receipt of the documents
from the Commission (the failure to submit within this time period will entail the dismissal
of the application).
PROCEDURE
FILING WITH THE COURT OFFICE
You must file your Application to Introduce Proceedings with the office of the Court of Québec in the judicial district where
the defendant resides or has his principal business establishment. It must be filed in 6 copies, plus 1 additional copy for
each defendant (e.g. when there are 2 defendants, you must file 8 copies).
To find the location of a courthouse: https://www.justice.gouv.qc.ca/en/join-us/find-a-courthouse
JUDICIAL COSTS
Judicial costs are charged when you file your application. The clerk of the Court of Québec will inform you of the amount
you must pay.
FILE NUMBER
A file number will be assigned by the clerk of the Court of Quebec when you file your application. You must include this
number on all documents and procedures that you will subsequently file.
NOTIFICATION
Your Application to Institute Proceedings must then be served by court bailiff. The bailiff’s report, attesting that your
proceedings have been notified to the other parties, must be filed with the office of the Court of Québec. PLEASE NOTE
that notification by mail, registered mail, email or courier service (Purolator, Dicom, etc.) is not accepted.
CHECKLIST
Before filing your application:
You must print your application only on the front of each page (recto);
You must sign on page 3;
You must attach a copy of the Commission’s Resolution and of the letter accompanying the
Resolution;
You must have 6 copies of the Application to Institute Proceedings and of the documents
mentioned above, plus 1 additional copy for each defendant.
Page 1 sur 4
1
CANADA
HUMAN RIGHTS TRIBUNAL
Office of the Court of Québec
PROVINCE OF QUÉBEC
District:
For use by the office of the Court of Québec
APPLICATION TO INSTITUTE PROCEEDINGS
Sections 84 and 114 of the Charter of Human Rights and Freedoms, CQLR, c. C-12
2
IDENTIFICATION OF THE PARTIES
Enter the names and contact information of all the parties. You must notify the Tribunal of any subsequent changes.
Plaintiff 1
Given name and family name
Telephone
Address
No.
Street
Apt./Office
City
Province
Postal Code
I consent to receive notification of all documents and judgements from the Tribunal by email
Email
Plaintiff 2
Given name and family name
Telephone
Address
No.
Street
Apt./Office
City
Province
Postal Code
I consent to receive notification of all documents and judgements from the Tribunal by email
Email
Plaintiff 3
Given name and family name
Telephone
Address
No.
Street
Apt./Office
City
Province
Postal Code
I consent to receive notification of all documents and judgements from the Tribunal by email
Email
Defendant 1
Given name and family name
Telephone
Address
No.
Street
Apt./Office
City
Province
Postal Code
Email
Defendant 2
Given name and family name
Telephone
Address
No.
Street
Apt./Office
City
Province
Postal Code
Email
Defendant 3
Given name and family name
Telephone
Address
No.
Street
Apt./Office
City
Province
Postal Code
Email
Select
Page 2 sur 4
3
COMPLAINT WITH THE COMMISSION
Date the complaint was filed with the Commission
Year
Month
Day
Date of receipt of the letter and Resolution from the Commission
Year
Month
Day
Please note: The letter and the Resolution from the Commission must be filed with the application.
4
YOU BELIEVE YOU WERE A VICTIM OF
Check the box or boxes that apply to your case.
Discrimination
Harassment
Exploitation of an aged or handicapped person
In cases of discrimination or harassment:
Check the box or boxes corresponding to each ground of discrimination or harassment that applies to your case.
Age
Gender identity or expression
Ethnic or national origin
Employment-related criminal record
Pregnancy
Race/Colour
Social condition
Handicap or use of any means to
palliate a handicap
Religion
Political convictions
Language
Sex
Civil status
Sexual orientation
Field(s) or sector(s) of activities concerned:
Check the box or boxes that apply to your case.
Access to a means of transportation or
a public space
Judicial rights
Profiling
Juridical act concerning goods or
services ordinarily offered to the public
Political rights
Discriminatory publicity
Discriminatory clause in a juridical act
Hiring/Employment
Reprisals
Economic and social rights
Fundamental freedoms and rights
5
SUMMARY OF THE ALLEGED INCIDENT(S)
You will have the opportunity to further describe them in the Plaintiff’s Factum.
6
CONCLUSIONS SOUGHT
Enter the amounts you are claiming and, if applicable, the orders you are requesting. If there is more than one defendant, state the amounts
claimed against each defendant. The amounts claimed can be different from the ones suggested in the Resolution of the Commission. In your
Plaintiff’s Factum, you will have to explain the reasons why you are asking for these amounts.
Amount for material damages
These are the amounts that you lost or were forced to pay as a result of the discrimination, harassment or exploitation of which you claim to
have been a victim. For example: rent increase, moving expenses.
Page 3 sur 4
Amount for moral damages
These are the amounts that the Tribunal can award in order to compensate for the moral damage caused by the discrimination, harassment or
exploitation of which you claim to have been a victim. For example: loss of quality of life, psychological suffering, attack to your dignity, humiliation,
loss of self-esteem.
Amount for punitive damages
These are the amounts that the Tribunal can award if the discrimination, harassment or exploitation of which you claim to have been a victim
was intentional or that the consequences were intended or at least foreseeable.
Total amount
Order(s) sought:
The Tribunal may order the defendant(s) to take the necessary measures to restore the situation and put an end to the infringement of your
rights. For example: reinstatement in the work place, implementation of the necessary adaptive measures.
7
SETTLEMENT CONFERENCE
The Settlement Conference is an alternative to the trial, by which the parties try to reach an amicable settlement (mediation) to their dispute.
This is a closed doors process, free of charge, and presided by a judge of the Tribunal.
Do you wish to participate in a Settlement Conference?
YES
NO
SIGNATURE
Plaintiff 1
Plaintiff 1
Plaintiff 1
Signed in _____________________,
(City)
on __________________________.
(Date)
____________________________
Signed in _____________________,
(City)
on __________________________.
(Date)
____________________________
Signed in _____________________,
(City)
on __________________________.
(Date)
____________________________
PLEASE NOTE : You must file a Factum (Form 2) at the same time or within 15 days of filing your Application to Institute
Proceedigs. This procedure explains more in depth the facts of the case. The failure to file your Factum within the time limit may
entail the dismissal of your application.
0,00 $
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Page 4 sur 4
No:
HUMAN RIGHTS TRIBUNAL
(Office of the Court of Québec)
DISTRICT OF
and
and
Plaintiff(s)
v.
and
and
Defendant(s)
APPLICATION TO INSTITUTE PROCEEDINGS
Amount in dispute:
Name:
Address:
Phone:
Email:
Select
0,00 $
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APPLICATION TO INSTITUTE PROCEEDINGS Sections 84 and 114

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Completed 8 February 2022

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