Connie Benwell v. Salt River First Nation # 195, 2015 HRTO 213

Human Rights Tribunal of Ontario

Between:

Connie Benwell Applicant

-and-

Salt River First Nation # 195 Respondent

Decision

Adjudicator: David Muir Date: February 18, 2015 Citation: 2015 HRTO 213 Indexed as: Benwell v. Salt River First Nation # 195

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 25, 2014.

2On December 12, 2014 the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the applicant may be outside of the Tribunal’s jurisdiction to decide. The applicant was directed to provide her written submissions in response to the NOID before January 12, 2015. The applicant was further advised that if she did not provide written submissions by the required time the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

3The NOID was sent to the applicant by email on January 16, 2015 and the deadline for submissions extended to January 30, 2015. The applicant responded by email on the same date asking what the Tribunal’s email was referring to.

4On January 20, 2015 the Tribunal sent the NOID to the applicant a second time by email and reminded the applicant again of her need to file submissions by January 30, 2015.

5The applicant did not respond to the NOID and the time for doing so has passed.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.