Is a restaurant owner who asked a complainant not to smoke marijuana close to the restaurant's entrance an intended retaliation for the complainant?
Ontario, Canada
The following excerpt is from Gibson v. Ridgeview Restaurant Limited, 2013 HRTO 1163 (CanLII):
In my view, the complainant does not have a disability-related need to smoke marijuana in close proximity to the restaurant’s entrance, and was not claiming or enforcing a right under the Code when he did so. Rather, prior to the hearing, the complainant denied that he smoked marijuana in close proximity to the restaurant’s entrance. In the circumstances, I do not see how asking the complainant to not return to the restaurant, after he was asked not to smoke marijuana in close proximity to the restaurant’s entrance and did so, could be seen as an intended retaliation on the part of the respondents for the complainant claiming or attempting to enforce a right under the Code. See Noble v. York University, 2010 HRTO 878.
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