The applicant, operator of a hookah lounge, brought an application to quash the Region of Durham's Smoking By-law No. 28-2019, which prohibited smoking and vaping in public places including hookah lounges.
The applicant argued the By-law was an ultra vires attempt to regulate business and that subsequent changes to the By-law's set fines schedule invalidated it.
The court found that while the application to quash under the Municipal Act was statute-barred, the request for declaratory relief was not.
On the merits, the court held the By-law was a valid exercise of the municipality's power to protect public health and safety, not an improper regulation of business.
The court also found that changes to the set fines schedule by the Regional Senior Justice did not invalidate the By-law.
The application was dismissed.
