Shelley Brown

The appellant purchased the respondent's insurance brokerage business from a trustee in bankruptcy.

The agreement of purchase and sale did not contain a non-solicitation clause.

The appellant appealed a motion judge's declaration that the respondent was entitled to solicit his former clients.

The Court of Appeal dismissed the appeal, holding that in an involuntary alienation of assets in a bankruptcy, there is no common law implied obligation on the part of the bankrupt not to compete and solicit former clients.

The complainants, three individuals of Chinese origin, alleged that the respondent discriminated against them on the basis of race by denying them access to his "pick-your-own" vegetable farm.

The respondent claimed he excluded them due to the size of their group and their failure to follow instructions.

The Board of Inquiry found that the respondent's decision was influenced by the complainants' race, constituting a denial of services customarily available to the public contrary to section 2(1) of the Ontario Human Rights Code.

The Board awarded each complainant $200 in compensation for injured feelings and ordered the respondent to provide letters of apology and an undertaking to comply with the Code.