What is the test for determining whether an application has no reasonable prospect of success?

Ontario, Canada


The following excerpt is from Randhawa v. Bombardier Aerospace Inc., 2022 HRTO 286 (CanLII):

In Dabic v. Windsor Police Service, 2010 HRTO 1994, the Tribunal sets out the two approaches for assessing whether an application has no reasonable prospect of success as at 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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