@B,00020122,OR
@1@Z20011210
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Allstate Insurance Company of Canada et al. v. The City of
Toronto
[Indexed as: Allstate Insurance Co. v. Toronto (City)]
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57 O.R. (3d) 191
[2001] O.J. No. 4776
Docket No. C33332
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Court of Appeal for Ontario
Labrosse, Abella and MacPherson JJ.A.
December 10, 2001
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Charter of Rights and Freedoms -- Freedom of expression --
Reasonable limits -- Municipal by-law prohibiting anyone on
premises of Collision Reporting Centre from recommending
automotive repair shop to motor vehicle owners reporting
accident was challenged by insurers -- City submitting that by-
law enhanced consumers' ability to make economic decision
free from external pressure and to preserve confidence in
integrity and impartiality of CRCs -- Application judge
rejecting that submission finding that objective of provision
was to assuage towing industry -- Application judge concluding
that limitation on freedom of expression not justified under s.
1 of Charter -- Trial judge's findings involving legislative,
social, scientific or policy evidence entitled to less
deference than that accorded factual findings -- Objectives of
provision were those identified by City -- Limitation on
freedom of expression justified under s. 1 -- Canadian Charter
of Rights and Freedoms, ss. 1, 2(b).
A municipal by-law prohibited anyone on the premises of a
Collision Reporting Centre from recommending an automotive
repair or body shop to motor vehicle owners involved in an
accident. It also required the conspicuous posting at these
premises of three signs stipulating that insurance company
representatives and employees of the CRC are forbidden from
making any such recommendations. The applicant insurers
challenged the constitutionality of those provisions. The
municipality conceded that the provisions infringe the
applicants' freedom of expression contrary to s. 2(b) of the
Charter, but argued that they are a justified limitation under
s. 1 of the Charter. The municipality argued that the
provisions have two objectives: to ensure that members of the
public who have been involved in motor vehicle accidents have
an opportunity to make decisions regarding the