The appellants, owners and patrons of adult entertainment parlours, challenged the constitutional validity of the Smoke-Free Ontario Act and sought damages under private law causes of action.
The motion judge struck most of the claims but allowed the division of powers claim to proceed.
On appeal, the Court of Appeal upheld the striking of the private law and Charter claims.
On cross-appeal, the Court held that the division of powers claim should also have been struck, as it is plain and obvious that the pith and substance of the Act is to promote health, which falls within provincial jurisdiction.
