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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.