The applicant, a property owner leasing space to food trucks, sought an interim injunction to stay the enforcement of the City of Brampton's new Mobile Licensing By-law pending a judicial review application.
The new by-law removed a previous exemption that allowed food trucks to operate in the downtown area with the local BIA's consent, instead permitting them anywhere downtown provided they are 50 metres from a fixed food premise.
The Divisional Court dismissed the motion, applying the RJR-MacDonald test.
The court found no serious issue to be tried as municipal by-laws cannot be challenged for unreasonableness and the City owed no duty of procedural fairness when acting legislatively.
The applicant also failed to demonstrate irreparable harm, and the balance of convenience favoured the public interest in enforcing the validly enacted by-law.
