The respondents sued the City of Mississauga for damages and declaratory relief, arguing that the City's by-law regulating portable signs expired under the sunset provisions of the Savings and Restructuring Act, 1996.
The City argued that the regulatory portion of the by-law remained in effect despite the expiration of the licensing portion.
The motion judge declared that the by-law as a whole was a business licensing by-law and had expired.
The Court of Appeal upheld the motion judge's decision, finding that the by-law was a comprehensive scheme for licensing businesses and regulating signs, and therefore expired in its entirety.