removing someone with body odor

[Subotai]

In Canada (specifically Ontario) is it legal to remove someone from a community function if they have body odor so strong it makes others feel nauseous? We have two, sometimes three, people who attend a hot meal program and have a body aroma so intense many others have complained of feeling ill just walking past them. The persons in charge are reluctant to tell them not to attend as one is physically handicapped and two are gay. The worry is if they are evicted they may cry discrimination. This is why I'd like to know on what, if any, grounds they could be told not to attend until they, literally, clean up.

[Patrick]

Thanks for giving your locale. We call your situation a "Hobson's Choice" (either the fire or the frying pan...) At first glance it seems you can't win. You do have the right, in Canada, to expel the person with the offensive body odor. Absolutely. But you are correct in that if the expelled person can find an attorney you could be sued for discrimination against a handicapped person. To insulate yourself from such a claim, try to have 2 witnesses who are as independent as possible (not your daughter or your husband) but adults who have nothing to gain- as witnesses to the stink and to the expelling. You won't be sued once it is known that you have two independent witnesses or, if you are sued, you will win. Lastly, you should be concerned about disease and infection being spread from a person who has feces on them. If that is the cause of the odor then you have a much more powerful basis to expel. Good luck.

[Subotai]

Thank you for the information. Slightly surprised how you nailed the feces element of this issue. There are several witnesses to what has occurred so that will be no problem.