Jessica Braun

The applicants sought a declaration that provisions of a site‑specific zoning by‑law prohibiting “adult entertainment establishments as defined by the Municipal Act, 2001” were vague, void for uncertainty, and discriminatory.

The court considered whether the by‑law provided a sufficiently clear delineation of prohibited conduct and whether citizens could reasonably determine when they were in breach.

The court held that the by‑law failed to define key terms such as “goods” and “designed to appeal to erotic or sexual appetites or inclinations,” leaving merchants unable to determine compliance and granting excessive enforcement discretion.

The court further found that the by‑law could produce discriminatory outcomes by permitting identical goods in some retail settings but prohibiting them in others.

The impugned provisions were therefore declared void for uncertainty and the application for declaratory relief was granted.

On a summary judgment motion, a city employee sought dismissal of a claim alleging damages for disclosure of personal information contrary to privacy legislation.

The court held that a bare allegation of breach of the Municipal Freedom of Information and Protection of Privacy Act did not disclose an independent civil cause of action absent pleaded negligence or another actionable wrong.

The court also found the defendant acted in good faith in carrying out municipal duties and therefore fell within statutory immunity under s. 391 of the City of Toronto Act, 2006.

The action was dismissed as disclosing no cause of action and as statute barred, with costs payable to the moving party.

The applicants sought leave to appeal two Ontario Municipal Board (OMB) decisions refusing an Official Plan and zoning bylaw amendment for a retail development on formerly industrial lands.

The applicants argued the OMB erred in law by applying a 1994 Official Plan policy to lands that had been redesignated as 'employment areas' under the 2002 Official Plan.

The Divisional Court denied leave to appeal, finding no reason to doubt the legal correctness of the OMB's policy-based decision, which reasonably interpreted the Official Plan and assessed the impact of 'retail contagion' on surrounding lands.