Frank N. Grisé

The applicant ratepayer sought a mandatory order (mandamus) to compel the respondent municipality to enforce its by-laws regarding sight lines at two intersections.

The municipality had inspected the intersections and determined they were not hazardous.

The Divisional Court dismissed the application, holding that a municipality cannot be compelled by mandamus to enforce a by-law enacted under a discretionary power, and courts should not interfere with the exercise of municipal discretion.

The appellant appealed a decision regarding the interpretation of s. 9(1) ¶ 8 of the Tobacco Control Act and the authority of municipalities to enact smoking bylaws.

The Court of Appeal dismissed the appeal, agreeing with the lower court that the appellant's interpretation would render other provisions redundant and contradict established jurisprudence on municipal authority to enact such bylaws.