The appellant, a licensed motorized ice cream vendor, was convicted and fined $2,000 for selling ice cream from his truck parked inside a school parking lot, contrary to a municipal by-law prohibiting sales within 30 metres of a school entrance.
On appeal, he argued the by-law only applied to the area outside the entrance and did not apply on private property.
The Court of Appeal dismissed the appeal, applying the modern approach to statutory interpretation to find that 'within' creates a boundary that includes the area inside the entrance, and noting that the by-law regulates the vendor's licence conditions rather than the property itself.
