What is the test for dismissing an abuse of process application?

In dismissing the abuse of process application, the Hearing Officer applied the test established in Blencoe v. British Columbia (Human Rights Commission), 2000 SCC 44. This test has been applied in matters before this Commission (see, for example, Floria v. Toronto Police Service, 2020 ONPC 6, at paras. 26-34, aff’d 2021 ONSC 842 (Div. Ct.) at paras 48-54). Blencoe directs that a three-part analysis be followed when considering an application for abuse of process based on delay in administrative proceedings. First, the applicant must establish the delay was attributable to the administrative body and was so inordinate as to be clearly unacceptable. Second, the delay must directly cause significant prejudice to the applicant. Finally, the Hearing Officer was required to balance contextual factors to determine whether the public interest in a fair process requires staying the proceeding rather than enforcing the relevant legislation.