2 total
Municipal by-law restricting taxi license transfers upheld as validly enacted for health and safety purposes.
The municipality appealed a judicial review decision that quashed a by-law restricting the transfer of standard taxi licenses to individuals holding a taxi driver's license.
The application judge had found that the municipality failed to hold a public meeting on the specific text of the by-law as required by the Municipal Act, and that the by-law was enacted for economic restructuring rather than health, safety, or consumer protection.
The Court of Appeal allowed the appeal, holding that the extensive public consultations held five years prior satisfied the statutory requirement, and that the by-law was validly enacted to promote health, safety, and consumer protection by encouraging owner-operated taxis.
Municipal by-law restricting taxi licence transfers to licensed drivers upheld as validly enacted for consumer protection.
The municipality appealed a decision quashing a by-law that restricted the transfer of standard taxicab licences to licensed drivers.
The application judge had found that the municipality failed to comply with the public consultation requirements of the Municipal Act and that the by-law was not enacted for a permitted purpose.
The Court of Appeal allowed the appeal, holding that the extensive public consultation conducted by a task force in 1998 satisfied the statutory requirements, and that the by-law was properly enacted for the purposes of health and safety and consumer protection.
