Successful [Black] family owned restaurant had to seek injunction preventing eviction by Landlord who wanted "new tenant that attracts DIFFERENT CLIENTELE"- Morgan, J. refers to R v Parks & @LawSocietyLSO Report on Racialized Licensees, to prevent eviction http://canlii.ca/t/j9lt3 

"Counsel for the Tenant submits, with some good reason, that this attitude by the Landlord is a prejudicial one that is both unseemly and uncalled for".

"As already indicated, Tenant is of the view that it is the fact that the Tenant is a Black-owned & operated business, & caters to an Afro-Caribbean community, that is the real issue for this Landlord".

"I have already observed that Landlord’s stereotypical portrayal of Tenant’s customers’ behaviour fits an established pattern in society...With respect, this is precisely what legal scholars have identified as the “‘Othering’ of minority people…in the guise of legal method.”

"The trier of fact can take judicial notice of facts “so notorious or generally accepted as not to be the subject of debate among reasonable persons”. To this I would add that “existence of anti-black racism in Cdn society is not the subject of debate among reasonable people.”

"Identifying family-run restaurant as not family-friendly, & impugning a restaurant-bar for serving “liquor” & having smokers stand outside premises, all point to a mindset that condemns the minority population for what is considered normal behaviour for the majority population."

"ONCA observed although racial stereotyping may not be conscious, it is nevertheless real: “For some people, anti-black biases rest on unstated & unchallenged assumptions learned over a lifetime. Those assumptions shape daily behaviour, often w/o conscious reference to them.”

"testimony of Landlord as to “unattractive” nature of Tenant’s clientele bears close resemblance to these longtime, well-known biases. “Members of Black communities also recount long history of discrimination, oppression & marginalization, effects of which resonate to this day.”

"Urgency of recognizing these societal facts has only increased since Parks decision 25 yrs ago. In @LawSocietyLSO Report on Challenges Faced by Racialized Licensees lawyers admonished to work toward inclusive workplaces & reduction of societal barriers created by racism...

"..unconscious bias and discrimination. The principle which @LawSocietyLSO pronounced can be extended to include Black businesspeople such as Tenants, who often face discrimination challenges unique to their position in society".