FILE PHOTO - A grocery store worker is seen in this June 11, 2020 file photo.

Image Credit: SUBMITTED/Province of B.C.

A B.C. man has lost a Human Rights Tribunal case against a supermarket that wouldn't let him enter without a mask after failing to provide a single piece of evidence to support his claim.

B.C. Human Rights Tribunal Chair Emily Ohler said there were so few details in Martin May's case against Loblaws his argument did not go beyond the "realm of speculation and conjecture."

According to a Jan. 20 B.C. Human Rights Tribunal decision, May claims he was prevented from entering a Loblaws supermarket at an unspecified location in October 2020. 

While the decision doesn’t identify the city or the store, Loblaws’ is the parent company of the Real Canadian Superstore, the Wholesale Club, among others.

The supermarket said it had a Canada-wide policy of requiring face masks for in-store shopping at the time and that it accommodated people with physical disabilities.

May says he was "yelled at in front of crowds" and barred entry.

The decision says May has chronic obstructive pulmonary disease and cannot wear a mask.

READ MORE: B.C. man fired for refusing to wear a mask loses Human Rights case

May claimed that the supermarket discriminated against him on the grounds of physical disability.

However, the decision says May had not given any evidence that he informed the supermarket he had a medical condition that prohibited him from wearing a mask.

The supermarket also says May provided no evidence that it was a supermarket employee who yelled at him about wearing a mask or who refused him entry to the store.

The decision says May had plenty of time to respond to the supermarket's response to his case and was given a time extension to reply but did not respond.

"He has not explained how he was prevented from accessing the store, or who it was that yelled at him," the Tribunal ruled. "There is simply insufficient information to attribute any adverse impact he experienced to the conduct of the (supermarket)."

"Mr. May has provided no evidence to show that his disability prevents him from wearing a mask, and no evidence that he informed the (supermarket) of any such barrier or that it should have known to inquire about whether he needed accommodation," the Tribunal Chair said.

May can now add his name to a list of others that have failed to prove they were discriminated against because they were told to wear a mask.

Last spring, the B.C. Human Rights Tribunal said it had received a large volume of complaints alleging discrimination over the requirement to wear a mask.

So far, none of the cases taken to the B.C. Human Rights Tribunal regarding mask-wearing has been successful.

READ MORE: Anti-masker loses case at B.C. Human Rights Tribunal

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