Appeal dismissed as there was no evidentiary base to support the section 2(b) Charter challenge.
The appellant appealed a decision, raising a challenge under section 2(b) of the Charter.
The Court of Appeal dismissed the appeal, agreeing with the lower court judge that a previous decision was determinative and that there was no evidentiary base to support the Charter challenge.
Costs were fixed at $12,500.
697578 Ontario Inc. (Hotel Europa) v. Niagara Falls (City), 2002 ONCA 53282