Christopher J. Williams

The appellant sign companies challenged a municipal by-law that imposed an annual fee on third-party billboards and capped the total number of such signs.

The appellants argued the fee was an ultra vires indirect tax and the cap violated their freedom of expression under the Charter.

The Court of Appeal upheld the by-law, finding that the annual fee was a valid regulatory fee authorized by the Municipal Act, as it defrayed the costs of the municipality's sign section.

The Court also held that while the cap on billboards infringed freedom of expression, it was saved under section 1 of the Charter as a reasonable limit to protect the city's urban plan and streetscape.