In Her Majesty the Queen and The Regional Municipality of York v. Tsui Justice Sarah Pepall of the Court of Appeal for Ontario last week overturned previous lower court rulings and ruled in favour of the municipality and ordered a new trial.
“Obviously I’m pleased with the decision. I think it was a big win for municipalities. It clarifies the scope in which municipalities can legislate to suppress conditions that are conducive to crime. It kind of expanded upon the scope in which municipalities can regulate,” says Chris Bendick, senior counsel, prosecutions, court services with the Regional Municipality of York.
The case is a constitutional battle over a municipal bylaw and a body rub parlour owned by Eric Tsui. The City of Vaughan passed a bylaw in 2005 regulating the operation of body rub parlours in its jurisdiction. Tsui was charged with contravening that section of the bylaw governing operating hours — permitting a body rub parlour to be open outside permitted times on July 8, 2012.