2326169 Ontario Inc. v. City of Toronto

Hookah lounge owners in the City of Toronto challenged a city by-law that banned hookah use in licensed establishments.  When the city adopted the by-law, tobacco smoking was already banned in enclosed public places and workplaces.  Therefore, the by-law applied to other products smoked by hookah, excluding tobacco.  The hookah lounge owners argued that the by-law was invalid because it would shut down their businesses and result in workers losing their jobs.  The Court held that the by-law did not prohibit the plaintiffs from operating the businesses they were licensed to operate (eating establishments offering food and non-alcoholic drinks).  Furthermore, the Court found that the by-law protects workers rather than harm them.  Thus, the Court dismissed the plaintiffs' application and held that the by-law was valid.      


2326169 Ontario Inc. et al. v. The City of Toronto, 2016 ONSC 6221, Ontario Superior Court of Justice (2016)

  • Canada
  • Oct 7, 2016
  • Ontario Superior Court of Justice



  • 2326169 Ontario Inc. operating as Farouz Sheesha Café
  • 7923406 Canada Inc.
  • Club Layaly el Sharke Inc.
  • Nile Palace Cafe
  • Oum Kulthoum

Defendant The City of Toronto

Legislation Cited

By-law No. 1331-2015 (adopted 10-Dec-2015)

City of Toronto Act 2006, SO 2006, c 11, Sch A

Controlled Drugs and Substances Act, SC 1996, c 19

Occupational Health and Safety Act, RSO 1990, c 0.1

Smoke Free Ontario Act, SO 1994, c 10

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