Human Rights Tribunal of Ontario
Between:
Delano Brown Applicant
-and-
Bellissimo Pizzaria and Restorante Respondent
Interim Decision
Adjudicator: Brian Eyolfson Date: September 19, 2014 Citation: 2014 HRTO 1403 Indexed as: Brown v. Bellissimo Pizzaria and Restorante
Appearances
Delano Brown, Applicant Jo-Ann Seamon, Counsel
Belllissmo Pizzaria and Restorante, Respondent Lilit Izakelian, Counsel
Introduction
1This Application was filed under s. 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), and alleges discrimination with respect to goods, services and facilities on the basis of race, colour, disability and sex.
2This Decision follows a summary hearing.
The applicant’s allegations
3In his Application, the applicant indicates that he is blind, and describes himself as “Nubian, African/Caribbean, Aboriginal” and a “Canadian of colour.” The Application includes the following allegations:
a. A fellow patron of the respondent restaurant, and the fellow patron’s brother, have been bothering the applicant for the past approximately 8 years, comparing him to their uncle who is a university professor who is blind. They stated that their uncle stayed at home or indoors, and that he does not involve himself in many social activities, and is often depressed;
b. On July 18, 2012, the owner of the restaurant asked the applicant yet again if he was blind and how much he could see. The applicant told him that he has answered these very same questions from him many times before and his condition has not changed. The owner’s response was that patrons were saying that the applicant was not blind or that he could see a bit or see shadows;
c. On the occasions when the owner would query him about the legitimacy of his disability, the applicant, at times, would inform the owner of the fellow patron’s harassing behaviour towards him while he was in the restaurant. To the applicant’s knowledge, the owner has never dealt with the fellow patron’s behaviour and attitude towards the applicant;
d. At or around 1:30 a.m., on Thursday, July 26, 2012, while on the restaurant’s patio, the applicant was attacked and assaulted by the fellow patron, which resulted in injuries. He was also threatened by the fellow patron’s girlfriend. More particularly, the applicant explains that he went to the restaurant’s patio to smoke a cigarette. While on the patio,