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A man who was unable to get a high chair for his baby at two different Earls restaurant locations in Vancouver will have his complaint heard by the B.C. Human Rights Tribunal.

In a ruling delivered Wednesday, tribunal chair Bernd Walter opted not to dismiss the complaint lodged by Phillip Ryan as Earls had requested.

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Ryan’s complaint stems from a February 2015 visit to the chain’s Hornby Street location. When he was told no high chairs were available, his family left. Ryan, who is alleging discrimination on the basis of family status, said he encountered the same issue when visiting a different Earls location three weeks later, and this time opted to dine there with the child in his lap.

In response, Earls submitted that while some of its locations do not have high chairs, Ryan was offered what the restaurant group considered “reasonable options” — booth seating where the baby could sit next to him or on his lap.