Yildiz Ilkin v. CSIS – Department of Jusitice, Attorney General for Canada, 2016 HRTO 1248

Human Rights Tribunal of Ontario

B E T W E E N:

Yildiz Ilkin

Applicant

-and-

CSIS – Department of Jusitice, Attorney General for Canada

Respondent

DECISION

Adjudicator: David Muir

Date: September 23, 2016

Citation: 2016 HRTO 1248

Indexed as: Ilkin v. CSIS

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 May 18, 2016.

2On July 20, 2016 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 August 19, 2016. 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 regular mail.

4On August 3, 2016 the Tribunal wrote to the applicant acknowledging receipt of a note from the applicant to the effect that the applicant would respond shortly. The Tribunal chose to treat the note as a request for an extension which it granted to September 2, 2016. There is no indication that the NOID was not received by the applicant.

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

6On September 16, 2016 the NOID was sent to the applicant by email. The email bounced back.

7The applicant has not complied with the directions in the NOID and has not otherwise communicated with the Tribunal for some time. In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.