Giving two sets of reasons for its decision, the Court of Appeal unanimously allows the appeal of the Saskatchewan Human Rights Commission and Michael Huck from a decision of the Court of Queen's Bench which ruled that Huck was not discriminated against by Canadian Odeon Theatres because of physical disability.
Michael Huck relies on a motorized wheelchair for mobility. On May 16, 1980, he went to the Coronet Theatre in Regina to view a movie. He was advised by theatre personnel that he could either transfer to a seat or view the movie from the area in front of the front row of seats. Mr. Huck is unable to transfer to a theatre seat because of the nature of his disability. No space for wheelchair users was available other than the area in front of the front row of seats.
Michael Huck alleged that his treatment constituted discrimination against him because of his physical disability.
The original Board of Inquiry found in Huck's favour, ruling that...