Erik William Bylsma

The City of Toronto prosecuted a home comfort equipment retailer and lessor for carrying on the business of a plumbing contractor without a licence, contrary to Chapter 545 of the Toronto Municipal Code.

The defendant hired independent plumbing companies to install and remove a carbon water filter that it leased to a consumer.

The court found that the defendant did not carry on the business of a plumbing contractor within the meaning of the regulatory scheme.

The court distinguished between the business of leasing chattels and the actual performance of plumbing work, which was conducted by licensed independent plumbers.

The court dismissed the charge, finding that a broad interpretation of "plumbing contractor" would lead to absurdity and would require property management companies, building superintendents, and hardware stores to maintain exclusive master plumbers on staff.

The Crown appealed acquittals on two Highway Traffic offences entered by a Justice of the Peace.

The trial judge erred in granting a non-suit motion brought by the defence before the prosecution had completed its case.

A non-suit motion must be brought only after the prosecution has formally closed its case, allowing the Crown to present its full evidence before the defence challenges it.

Additionally, the police officer had provided some evidence of identification by testifying that the defendant was the driver, which was sufficient to pass the non-suit threshold.

The appeal was allowed and the parties agreed to a substituted conviction to a lesser offence rather than a retrial.