The City of Toronto appealed the sentence imposed by a Justice of the Peace on a corporate retail store and its sole director for operating a non-essential business contrary to the Reopening Ontario Act.
The Justice of the Peace had rejected a joint submission, imposing a suspended sentence without probation on the director and a reduced fine on the corporation.
The appeal court found the Justice of the Peace erred by imposing an illegal sentence (suspended sentence without probation) and by improperly tinkering with the joint submission for the fine.
The appeal was allowed, but at the City's request, the fine remained the same and the charge against the director was stayed.
