Complainant failed to prove her dispute with local business had anything to do with race, colour, gender identity or age

A complaint to the Human Rights Tribunal of Ontario about a Guelph auto body shop that included accusations that the city was a hotbed of Ku Klux Klan activity has been rejected before it really got going.

Fatema Nahar filed the complaint last summer over an issue she had with CSN Golden Triangle, a longtime Guelph auto body shop.

The complaint stemmed from a dispute she had originating with not being given a suitable luxury car rental while her car was being fixed. She alleged that race, colour, gender identity and/or age were factors in ensuing problems she had with the business.

An adjudicator dismissed the application at a summary hearing, determining that there was not enough evidence that Nahar’s issues had anything to do with race, colour, gender identity and/or age played a role in the dispute.

Nahar took her car to get fixed at Golden Triangle after getting in an accident.

She alleges the company did not have a luxury car available initially and she refused to accept a non-luxury car in its place because her insurance contract allowed her a comparable car to the one being fixed and she was used to driving a luxury car.

She later turned down a luxury Audi hatchback because it left the trunk exposed.

The tribunal’s written decision details a allegations of an escalating situation between the two parties that resulted in the body shop eventually deciding to not do the work on Nahar’s damaged car and severing its relationship with her.

“The applicant submits that the evidence to substantiate her claim lies in the fact that systemic racism is widespread and prevalent in the City of Guelph, the University of Guelph and that the City of Guelph houses the Ku Klux Klan (KKK), a well-known racist organization,” says the written ruling.

Adjudicator Yasmeena Mohamed ruled that there was no proof provided of that accusation.

Golden Triangle denied the applicant’s allegations of any ill-treatment by its staff and said that it made all reasonable efforts to provide the applicant with a luxury motor vehicle rental that was comparable to her own motor vehicle.

Golden Triangle terminated its services with the applicant “because the applicant’s refusal to accept a comparable luxury motor vehicle would have lowered the service standard required by the applicant’s insurer, which ultimately would lower its overall service standard ratings within the insurance regime and its clients and competitors.

"The respondent submits that it’s a diverse workplace and its staff’s conduct is not linked to any Code grounds. The respondent submits that it stopped communicating with applicant because the applicant threatened to expose the matter to the Better Business Bureau and social media.”

The tribunal adjudicator ruled that there was no reasonable prospect that the application or part of the application would succeed, pointing out that the tribunal does not rule on issues of “fairness” unless it is related to race, colour, gender identity or age.