Policy Enforcement Documentation and Evidentiary Risk in Discrimination Defense

In March 2024, the owner of a licensed dining establishment in Leduc, Alberta removed a patron from the premises, citing the restaurant's posted policy prohibiting private recording on site. The patron, a 52-year-old woman, subsequently filed a human rights complaint alleging the removal was discriminatory, though the specific protected ground she claims remains unclear from available documentation.

The restaurant carries $2 million in commercial general liability coverage. The insurer's initial file review reveals significant gaps: no written incident report exists, no witness statements were taken at the time, and staff cannot confirm whether the recording policy had been enforced against other patrons in the 18 months since its adoption. The owner recalls making remarks during the removal but cannot specify their content.

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