Genevieve Debane

The applicant requested a reconsideration of a Final Decision that allowed a discrimination application against China City Supermarket but dismissed it against Hing Loong Investments Ltd. The applicant argued that submissions filed in November 2010 were inadvertently not considered by the Tribunal.

The Tribunal granted the reconsideration request, acknowledging the oversight.

Upon reviewing the submissions, the Tribunal declined to increase general damages or hold Hing Loong Investments Ltd. jointly liable, but ordered a public interest remedy requiring China City Supermarket to ensure its entrance is accessible and barrier-free for individuals using scooters.

The applicant, who uses a motorized scooter for disability-related reasons, alleged he was denied entry to a supermarket.

The respondents failed to file a response and were deemed to have accepted the allegations.

The Tribunal found that the supermarket discriminated against the applicant in the provision of services on the basis of disability.

The application against the building owner was dismissed for lack of evidence establishing liability.

The supermarket was ordered to pay $2,500 in compensation for injury to dignity, feelings, and self-respect, and to complete human rights training.