The applicant, an adult entertainment parlour operator, challenged the City of Brantford's by-law requiring operators and entertainers to obtain licences and pay fees.
The applicant argued the by-law was ultra vires, discriminatory on the basis of sex, and imposed excessive fees.
The court found the licensing provisions were within the municipality's authority under the Municipal Act, 2001, and the fees were not excessive.
However, the court held that the by-law's definition of 'partial nudity', which singled out the female breast, discriminated against female entertainers on the basis of sex contrary to the Human Rights Code.
The court declared that specific provision invalid but suspended the declaration for six months to allow the municipality to amend the by-law.
