Windsor lawyer Antoine d'Ailly is suing Thai Palace for defamation.
In a statement of claim submitted to the Ontario Superior Court of Justice on Jan. 14, d'Ailly alleges he received "hate mail and death threats" after the restaurant went public over his refusal to wear a mask at its outdoor takeout window on October 7, 2020.
According to the statement of claim obtained by AM800 News, d'Ailly is now seeking $50,000 in damages plus court costs for, "libel and or slander or unjust enrichment."
He is also asking the court to restrain the restaurant's owners from making any further statements surrounding the incident that he alleges are defamatory.
It goes on to claim d'Ailly disclosed he had a medical exemption from wearing a mask required under COVID-19 legislation to staff and owner Renu Anderson, but was still refused service at the restaurant.
Lawyer David Robins with Strosberg Sasso Sutts LLP is representing Thai Palace and says his clients plan to fight those allegations.
"My clients dispute that and say they had no idea he was medically exempt," he says. "In any event, they were happy to offer to accomidate him and he refused."
In his claim, d'Ailly says the restaurant made the letter public instead addressing the legal issue with him directly; resulting in extensive media coverage.
The statement of claim references comments by Anderson published in The Windsor Star that Robins says are being used as the bases for a defamation claim.
"As a result of that he alleges in his statement of claim that he became the subject of hate mail and communications that were offensive to him," he says. "He's taking the position discussions about his letter were defamatory."
Robins says his clients are disappointed and upset over the allegations.
"It's regrettable that this issue is still getting some public attention," says Robins. "They're certainly ready to move on, but apparently Mr. d'Ailly is not."
In the statement of claim, d'Ailly claims the alleged defamatory statements have also caused him to suffer, “damage to his personal and professional reputation.”