Ontario Human Rights Tribunal orders Shoppers Drug Mart to pay woman $10,000 in COVID mask discrimination case
Toronto, Ontario — The Human Rights Tribunal of Ontario (HRTO) has ruled that Mohamed Elsabakhawi Drugs Ltd., operating a Shoppers Drug Mart pharmacy in Mississauga, discriminated against Kimberly Clarke, a Canadian woman with asthma, on the basis of her disability. The Tribunal awarded Clarke $10,000 in compensation for injury to dignity, feelings, and self-respect following an incident in September 2021.
Clarke, who suffers from asthma, visited the pharmacy while experiencing breathing difficulties and sought to fill a prescription for a Ventolin inhaler. She lowered her mask due to her symptoms, which led to complaints from other customers. Clarke informed staff that she was struggling to breathe and requested expedited service. Despite the pharmacy’s policy to accommodate individuals with medical conditions that prevent mask use, the HRTO found that staff failed to follow their own guidelines.
According to evidence presented at the Tribunal, the pharmacy assistant did not expedite Clarke’s prescription or inform the pharmacy manager about her breathing difficulties. The manager later confronted Clarke, dismissing her explanation and insisting she wear a mask. The encounter escalated into a heated exchange, during which Clarke alleged she was treated unfairly due to her disability. She was escorted out of the store and told she was banned.
Adjudicator Karen Mason released her decision on December 5, 2024, and found that the respondent’s failure to accept Clarke’s explanation for not wearing a mask, combined with their dismissal of her need for accommodation, constituted discrimination under the Ontario Human Rights Code.
In assessing damages, the Tribunal considered Clarke’s experience during the incident and the lack of lasting harm. The decision referenced similar cases, with adjustments for inflation, in determining the $10,000 award. Clarke did not request non-monetary remedies, and none were ordered.
The pharmacy has been ordered to pay the compensation within 30 days.
These fn tards, I bet they stand by their decision to do it all over again if the situation was similar. In light of all the evidence that masks do nothing, the six foot rule was arbitrary, and vaccines did not help, they’d do it all over again.
The really awful part is ' complaints from other customers '.
Apparently, compassion was not an attribute. People need to consider 'walking a mile in another mans shoes' before saying anything.