Wickham v. Hong Shing Chinese Restaurant 2018 HRTO 500
Emile Wickham and three of his friends went to dine at Hong Shing Chinese Restaurant. Shortly after being seated, their server told them they would have to pay before being served their meals. When asked why, the server said it was the restaurant’s policy. Emile and his friends were the only Black patrons in the restaurant at that time.
When Emile asked other customers whether they had to pre-pay for their meals, they said they had not. The server confirmed that no one else had been asked to pre-pay, but offered no explanation for this and simply asked Emile if he wanted his money back.
The Tribunal found:
- “the applicant was subjected to a disadvantage or adverse treatment, and that his race was a factor”; and
- “the respondent’s employees’ conduct suggests that their treatment of the applicant was motivated by a stereotype that Black persons are criminal, or deviant.”
The Tribunal ordered:
- the restaurant to pay $10,000 in general damages, and
- to post the Ontario Human Rights Code card in a prominent place on their premises.
To read the full decision, visit Canlii.
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