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.