The appellant property owner erected a large commercial sign on his land adjacent to Highway 401 without a permit.
The Minister of Transportation obtained a warrant to remove the sign pursuant to s. 38(2)(e) of the Public Transportation and Highway Improvement Act.
The appellant appealed, arguing the provision infringed his freedom of expression under s. 2(b) of the Charter.
The Court of Appeal dismissed the appeal, finding that while the provision limited freedom of expression, the limit was prescribed by law and demonstrably justified under s. 1 of the Charter to prevent visual pollution and enhance traffic safety.
