Adjudicator: Alan G. Smith
Date: February 22 , 2012
File Number: 2010-08904-I
Indexed as: 2012 HRTO 371
Citation: Clarke v. Filmores Hotel
______________________________________________________________________
APPEARANCES
Marlon Clarke, Applicant ) Self-represented )
Filmores Hotel, Respondent ) Howard Adams, Representative )
(...) The purpose of the summary hearing was to determine whether the Application should be dismissed, in whole or in part, on the basis that there was no reasonable prospect that it would succeed.
(...)
Marlon Clarke participated in the summary hearing on his own behalf. The respondent’s representative also participated and made oral submissions. The Application was also considered by me.
(...)
The applicant alleges that he experienced discrimination in employment on the basis of race, colour, ancestry, place of origin, citizenship, ethnic origin, disability, creed, sexual orientation, family status, marital status, age, receipt of public assistance and association with a person identified by a Code ground.
(...)
In his oral submissions, the applicant explained the basis of his claim of discrimination against the respondent. He alleges that in the late spring or summer of 2010, he was unsure of the exact date, he was on the respondent’s premises and was, “escorted out of the club” by the respondent’s staff before the establishment’s closing time.
[9] The applicant self-identifies as a “man of colour”. During the course of the hearing I asked the applicant if he had any evidence that his removal from the respondent establishment was in any way related to his race or colour. The applicant answered, “No I don’t”.
[10] The applicant also advised that he had no evidence of discrimination on any other Code-related grounds.
(...)
Having reviewed the Application, the materials filed and having heard from the applicant, I find nothing in the allegations that suggest that the respondent treated the applicant in a differential manner or that caused him disadvantage on the basis of the numerous grounds that he has identified.
So guy has no evidence of discrimination, but he files a Human Rights Complaint, wastes everyone's time and there is no penalty for his manipulation.
The process really is the punishment.
And he's not the only one I've read of today.
