The applicants, who recently took over the operation of a convenience store, sought judicial review of a Minister's decision applying a tobacco sales prohibition order to them.
The prohibition was issued under section 16 of the Smoke-Free Ontario Act because employees of the prior, unrelated operator had been twice convicted of selling tobacco to minors.
The Divisional Court allowed the application, holding that on a purposive interpretation of the Act, the prohibition can only be applied to a person who has committed at least one tobacco sales offence.
Since the applicants had never been convicted of such an offence, the Minister lacked jurisdiction to apply the prohibition to them.
