The plaintiff, who suffers from severe osteoarthritis, sued a supermarket for $35,000, alleging intentional infliction of mental distress and discrimination under the Human Rights Code after she was asked to leave the store for sitting too long.
The court dismissed the claim, finding the store owner's conduct in asking her to leave and threatening to call the police was not flagrant, outrageous, or calculated to produce harm.
Furthermore, the court found no evidence that the plaintiff's disability was a factor in the store's decision to ask her to leave, as she was interfering with business and creating a safety concern.
