What is the test for a summary hearing in a sexual assault case?

The respondent relies on the following passage from Dabic v. Windsor Police Service, 2019 HRTO 1994 (“Dabic”) at paras 8-9, which outlines the two alternative issues based on which a summary hearing will be determined: ln some cases, the issue at the summary hearing may be whether, assuming all the allegations in the application to be true, it has a reasonable prospect of success. ln these cases, the focus will generally be on the legal analysis and whether what the applicant alleges may be reasonably considered to amount to a Code violation. ln other cases, the focus of the summary hearing may be on whether there is a reasonable prospect that the applicant can prove, on a balance of probabilities, that his or her Code rights were violated. Often. such cases will deal with whether the applicant can show a link between an event and the grounds upon which he or she makes the claim. The issue will be whether there is a reasonable prospect that evidence the applicant has or that is reasonably available to him or her can show a link between the event and the alleged prohibited ground.