The Attorney General of Ontario applied for judicial review of a decision by the Health Services Appeal and Review Board.
The Board had rescinded orders made by a local Medical Officer of Health that prohibited smoking in several hospitality businesses.
The Board found that the Medical Officer of Health exceeded his statutory authority under section 13 of the Health Protection and Promotion Act by issuing blanket, unit-wide orders rather than site-specific ones.
The Divisional Court applied a correctness standard of review and upheld the Board's decision, dismissing the application for judicial review and awarding costs to the respondent businesses.
