The appellant challenged a municipal by-law requiring public garages to erect a fence or plant a hedge along property lines not adjacent to a street.
The municipality enacted the by-law under its authority to license and regulate public garages.
The Supreme Court of Canada held that the requirement was an invalid restriction on land use rather than a valid regulation of the licensed business, as it related to esthetic considerations and external appearance rather than the character or conduct of the business.
The appeal was allowed and the impugned provision was struck down as ultra vires.
