What is the scope of a summary hearing on a sexual assault allegation?

Ontario, Canada


The following excerpt is from McNeely v. Windsor-Essex Catholic District School Board, 2021 HRTO 1058 (CanLII):

In Dabic v. Windsor Police Service, 2010 HRTO 1994, it states in paras. 8 – 9, as follows: In 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. In 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. In 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.

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