“He didn’t suffer any particular prejudice distinct from other members, as they all had to comply.”
VANCOUVER — Would members of a gym or club barred after refusing to show proof of vaccination be entitled to a refund of monthly fees during a provincially ordered COVID lockdown?
Member Saul Kahn argued he was treated in an “unfairly prejudicial manner” and sued the club for the $300 he paid each month in fees, almost $2,000, according to the claim. He also asked for the club to return what it would have earned in interest during that time on the $22,500 he paid in fees in 2001 to join the club, about $1,000, because the club was “unjustly enriched” by that amount.
Kahn’s lawyer sent a letter in October 2021 demanding that Kahn be allowed to access the pool, skating rink and physiotherapy and massage therapy services as those were exempted from the public health officer’s order, saying the club had “unnecessarily restricted member rights and privileges while continuing to charge their monthly fees.”
He said Kahn didn’t address the logistics of keeping facilities separate for its 8,500 members, or whether more staff would have to be hired or what it would cost to implement wristbands or a facial-recognition system.
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