“Thus, I have concluded that the Region does have statutory authority to enact the subject By-Law. Further, I have concluded that the purpose of the ByLaw is not to close waterpipe lounges, but rather to protect public health and safety. As noted by the Court of Appeal in the City of Toronto Case, the enactment and enforcement of the subject By-Law may have an economic impact on the operation of the applicants’ businesses, but that is only an unfortunate incidental result of the By-Law and not determinative of its purpose.”
2386240 Ontario Inc. v. The City of Mississauga and the Regional Municipality of Peel
2386240 Ontario Inc. v. The City of Mississauga, 2018 ONSC 3162 (CanLII).
- Canada
- Jun 5, 2018
- Ontario Superior Court of Justice
Parties
Legislation Cited
Related Documents
Type of Litigation
Tobacco Control Topics
Substantive Issues
Type of Tobacco Product
"Statutory provisions dealing with municipal powers should be given a 'benevolent construction' using a 'broad and purposive' approach consistent with underlying objectives and 'showing deference to and respect for the decisions of local elected officials'."
The Applicants, a group of waterpipe lounge owners, challenged a Region of Peel by-law prohibiting the smoking of waterpipes in enclosed public places and workplaces. The lounge owners argued the by-law conflicted with provincial legislation and was passed in bad faith.
The Superior Court dismissed the application. The court held that the Region of Peel acted within its statutory authority under the Municipal Act to regulate for public health and safety. The court held that the negative economic effects on the applicants’ businesses did not invalidate the law’s valid purpose.