The applicants, owners of a restaurant offering shisha, sought an interlocutory injunction to restrain the City of Ottawa from enforcing a bylaw prohibiting the use of water pipes in indoor public places, pending their Charter challenge.
Applying the RJR MacDonald test, the court found a serious issue to be tried and irreparable harm due to the corporate applicant's potential lack of standing for Charter damages.
However, the balance of convenience favoured the City, as the public interest in protecting health from second-hand smoke outweighed the applicants' financial losses and temporary limits on cultural traditions.
The motion was dismissed, and costs were awarded to the City.
