Image Credit: FACEBOOK: The Arbutus Club

An anti-vaxxer has lost a legal challenge against an exclusive Vancouver club that charges a $65,000 joining fee.

According to a June 30 BC Civil Resolution Tribunal decision, member Saul Khan challenged The Arbutus Club after it barred him from its facilities because he refused to provide proof of vaccination.

Khan took the sports and social club to the Tribunal arguing for $2,900 of monthly fees to be returned and to stop barring other Club members who do not provide "confidential medical information."

He argued the pricey club acted in an "unfairly prejudicial manner" and breached its obligation to him as a member.

The decision says in September 2021 the exclusive club began adhering to the BC Public Health Order that required members to provide proof of vaccination when they entered.

While swimming pools and skating rinks weren't part of the mandated vaccine passport scheme, the club's board voted that members needed to show proof of vaccination to enter any of the club's facilities.

"Mr. Kahn objected to the policy... (and) he, along with others, hired a lawyer," the decision reads.

"The lawyer wrote that some of the facilities were expressly exempt from the proof of vaccination requirement in the order, such as swimming pools, skating rinks, retail and clothing stores, and health care services, rehabilitation, or exercise therapy programs.... The lawyer alleged that the Club had unnecessarily restricted member rights and privileges while continuing to charge them monthly dues."

The club disagreed, and some time afterwards, Khan took it to the Tribunal arguing it had breached the Societies Act.

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According to its website, the Arbutus Club is run as a non-profit society and charges a $65,000 plus GST joining fee. Members need to be vetted by at least two current members before being approved. Once approved, a member then joins a waiting list before they can use the club.

The decision says when Khan joined in 2001, he paid $22,500 for his membership. His monthly membership costs roughly $300.

In the decision, Khan describes the vaccine passport as "unnecessary" and "scientifically unwarranted."

He said a group in Antarctica, that presumably caught COVID, showed that vaccines were ineffective.

"I find that Mr. Kahn could not reasonably expect the Club to prefer his conclusions over the Public Health Officer’s," the Tribunal ruled.

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He argued he should be at least allowed access to the parts of the facilities where vaccine passports weren't legally required under the Pubic Health Order.

"The Club says that it would have been onerous and impractical to restrict members that refused to provide proof of vaccination from some areas and not others," the decision reads.

Khan disagreed.

"He provided various suggestions like the use of distinctive wristbands and facial recognition software paired with security cameras to keep individuals out of certain areas to comply with the Public Health Officer's order," the decision reads.

However, the Tribunal ruled he provided no evidence about the feasibility or cost of the use of facial recognition software.

The Arbutus Club argued it had a significant number of vulnerable members including 1,500 seniors and that its constitution says it is to contribute to the welfare of its members.

Khan also argued he shouldn't be charged monthly fees if he couldn't use the facilities.

However, the Tribunal said there was nothing in the Club's bylaws saying members got a refund if they didn't go.

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Khan made several more legal arguments about why he should have had access to the club, but they were all dismissed by the Tribunal.

Ultimately, the Tribunal ruled that Khan's expectations were unreasonable and dismissed his case.

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