Human Rights Issues Within Court Cases:

Civil remedy

46.1 (1) If, in a civil proceeding in a court, the court finds that a party to the proceeding has infringed a right under Part I of another party to the proceeding, the court may make either of the following orders, or both:

1. An order directing the party who infringed the right to pay monetary compensation to the party whose right was infringed for loss arising out of the infringement, including compensation for injury to dignity, feelings and self-respect.

2. An order directing the party who infringed the right to make restitution to the party whose right was infringed, other than through monetary compensation, for loss arising out of the infringement, including restitution for injury to dignity, feelings and self-respect.

Same

(2) Subsection (1) does not permit a person to commence an action based solely on an infringement of a right under Part I.

[1]  The Defendant, Gene Simmons brings this motion seeking an order dismissing this action as against him.

[2]  The Plaintiff’s claim originates from his alleged wrongful ejection from a concert of the rock band Kiss which was held on July 25, 2013 at Canadian Tire Centre in Ottawa. The Plaintiff alleges that the Defendant Simmons discriminated against him by having him removed from the concert because Simmons did not like the Plaintiff’s ethnicity.  The Plaintiff claims that his removal caused him to be shocked, stunned, embarrassed, scared and humiliated. Once escorted outside the seated area of the arena, the Plaintiff claims having been surrounded, harassed, intimidated, assaulted and battered by the additional security staff.

[3]  However, the Plaintiff’s claim against the Defendant Simmons is based on discrimination due to his race in accordance with s. 46.1 of the Human Rights Code, R.S.O. 1990, c. H.19, (the “Code”) Section 46.1(2) clearly states that an action cannot be commenced solely on an infringement of a right protected under Part 1 of the Code which include both race and ethnicity.

[4]  For the reasons which follow, I conclude that s. 46.1(2) of the Code prohibits the Plaintiff from commencing a claim against the Defendant Simmons given that his claim is based solely on an infringement of a right under Part 1 of the Code.