The respondent operated a body rub parlour in the City of Brantford.
The City had passed an omnibus zoning by-law under the Planning Act that prohibited all uses except permitted ones, effectively requiring a site-specific amendment to operate a body rub parlour.
The respondent was charged with violating the by-law.
The justice of the peace and the appeal judge held the by-law was invalid as being prohibitory.
The Court of Appeal allowed the City's appeal, holding that a by-law prohibiting all uses except permitted ones is not prohibitory but a valid exercise of municipal zoning power under the Planning Act.
The respondent was convicted.
