The appellant was convicted of unlawfully exposing goods on a municipal road allowance without lawful authority after selling T-shirts on a street corner.
The municipality had delegated licensing authority to the city, which only permitted owners or occupiers of abutting property to apply for a licence.
The Supreme Court of Canada allowed the appeal and entered an acquittal, holding that the by-law was ultra vires the municipality because it was not specifically authorized by the provincial enabling legislation.
The Court found that the by-law's broad prohibition on exposing articles on sidewalks was not authorized by provisions relating to retail sales, public nuisances, or highway obstructions.
