Ariyaratnam Ariyakuddy v. John DeSouza, 2012 HRTO 1136

Human Rights Tribunal of Ontario

Between:

Ariyaratnam Ariyakuddy Complainant

-and-

John DeSouza Respondent

Decision

Adjudicator: Kathleen Martin Date: June 11, 2012 Citation: 2012 HRTO 1136 Indexed as: Ariyakuddy v. John DeSouza

1This is a complaint referred to the Tribunal by the Ontario Human Rights Commission (the “Commission”) on May 2, 2007 under the provisions of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the Code), in effect at the time.

2On May 4, 2012, I issued an Interim Decision making various orders including granting a withdrawal against the corporate respondent, dismissing against two of the three individual respondents and requiring the complainant to personally serve the remaining respondent, John DeSouza, with notice of the proceeding should he wish to continue the complaint against him and file proof of personal service within 30 days of the date of the Interim Decision: See 2012 HRTO 886 at paragraph 63. In addition, I stated that if the Tribunal does not receive the aforementioned information within 30 days, the complaint will be dismissed as abandoned.

3A copy of the Interim Decision was sent by regular mail to the applicant’s representative.

4The Tribunal has not received the information ordered to be provided and the time period for providing the information has elapsed. In addition, the Tribunal has not received any other communication from the applicant.

5Having regard to the above, I find that the complainant has abandoned the complaint. The complaint is therefore dismissed.