Applicants sought a declaration that a municipal by-law banning the possession, sale, or consumption of shark fin products within the city was ultra vires.
The court examined whether the by-law had a valid municipal purpose under the City of Toronto Act, 2006, including whether it related to the environmental, social, or health well-being of the city.
While recognizing the deferential approach generally afforded to municipal by-laws, the court held that the alleged environmental objective of preventing shark extinction did not constitute a municipal issue and that the by-law would not produce an identifiable benefit to the city.
The court further found that cruelty to sharks occurring outside the municipality and speculative health concerns did not sufficiently relate to the social or health well-being of city residents.
The by-law was therefore beyond the city's legislative authority.
