A popular Windsor restaurant and its owner face a $50,000 defamation lawsuit stemming from its face mask policy.
Back on October 7, local lawyer Antoine d'Ailly claimed he was refused service by an employee and the owner of Thai Palace because he was not wearing a face mask. Afterward, he sent the restaurant a letter demanding $20,000. It accused the restaurant of violating his rights under the Ontario Human Rights Code, and said if the restaurant refused to pay he would sue.
In June, the Windsor-Essex County Health Unit issued an order making face masks in all commercial establishments mandatory. Section 22 of the Health Protection and Promotion Act does allow exemptions, including for medical reasons.
The restaurant refused to pay the money. The lawsuit was filed on January 14.
In the Statement of Claim, d'Ailly claims he "advised the restaurant employee, and thereafter Renu Anderson [the owner], that he was medically exempt from wearing a mask." However, a lawyer representing Thai Palace disputes the claim.
"I wouldn't say that they refused him service," said Robins. "When he was approaching the window without a mask, they asked him to wear a mask, at which point, I understand, he became belligerent and difficult. The owner came and spoke to him, offered various ways to accommodate him -- and he was again, belligerent, and rude, and threatening."
He said d'Ailly never told his clients he had a medical exemption.
The incident attracted a lot of media attention. D'Ailly said his professional reputation suffered, and he was subject to "an avalanche" death threats, including "go die in a fire," "a beat-down is in your near future," and "you are a shameful waste of oxygen that deserves to die of COVID-19."
Robins said his client never made any statements regarding d'Ailly's character, but d'Ailly, through his legal representative, said, "this litigation has unfortunately become necessary to correct the record."
D'Ailly's lawyer, David Elmaleh, says his client had simply wished to correct a policy under applicable legislation, but "they chose to go to the media with a story containing false statements which were widely publicized."
On a related note, the Supreme Court of Canada has ruled on two appeals under Ontario's Anti-SLAPP legislation that require judges to consider whether a lawsuit is intended to silence public criticism. Ontario enacted the Protection of Public Participation Act in 2015 to address what it called "Strategic Lawsuits Against Public Participation."