Case information
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37568
Eric Tsui v. Her Majesty the Queen ex. rel the Regional Municipality of York
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-06-27 | Close file on Leave | |
| 2018-06-27 | Correspondence (sent by the Court) to, Chris G. Pendick, Re: certificate of taxation | |
| 2018-06-27 | Certificate of taxation issued to, Chris G. Bendick | |
| 2018-06-27 | Decision on the bill of costs, in the amount of $1,312.85, Reg | |
| 2018-06-27 | Submission of the bill of costs, Reg | |
| 2018-05-24 | Bill of costs, (Letter Form), Completed on: 2018-05-24 | Her Majesty the Queen ex. rel the Regional Municipality of York |
| 2017-12-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-01 | Judgment on leave sent to the parties | |
| 2017-11-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C61067, 2017 ONCA 230, dated March 22, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-10-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-06-21 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen ex. rel the Regional Municipality of York |
| 2017-06-21 | Notice of name, (Letter Form) | Her Majesty the Queen ex. rel the Regional Municipality of York |
| 2017-06-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-06-21 | Her Majesty the Queen ex. rel the Regional Municipality of York |
| 2017-05-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, (FILE OPENED 2017-05-23) | |
| 2017-05-19 | Certificate (on limitations to public access), (Letter Form), Amended version filed on 2017-05-23, (Electronic version filed on 2017-05-19) | Eric Tsui |
| 2017-05-19 | Application for leave to appeal, (Book Form), Corrected notice of application for leave to appeal filed on 2017-05-23 (inserted in books). Certificate of offence filed on 2017-06-12., Completed on: 2017-06-12, (Electronic version filed on 2017-05-19) | Eric Tsui |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Tsui, Eric | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen ex. rel the Regional Municipality of York | Respondent | Active |
Counsel
Party: Tsui, Eric
Counsel
Janelle Belton
4700 Keele Street
Toronto, Ontario
M3J 1P3
Telephone: (416) 736-5595
FAX: (416) 736-5736
Email: ayoung@osgoode.yorku.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Her Majesty the Queen ex. rel the Regional Municipality of York
Counsel
50 High Tech Road
1st floor
Richmond Hill, Ontario
L4B 4N7
Telephone: (905) 762-2108 Ext: 73323
FAX: (905) 762-2107
Email: chris.bendick@york.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Constitutional law – Division of powers – Applicant challenging constitutionality of municipal By-law provisions regulating dress and hours of operation for body rub parlours – What type of extrinsic, “legislative fact” evidence is needed to demonstrate a colourable purpose? – Is it a colourable purpose for a municipality to enact by-laws for primary purpose if combatting a specific crime? – When does provincial or municipal power to suppress conditions leading to crime become an impermissible attempt to “stiffen, supplement or replace” criminal law? – Whether Court of Appeal erred in, inter alia, failing to give deference to the findings of fact of the lower court judges, in ruling that extrinsic evidence was not relevant and admissible with respect to the vires of the by-law and in failing to consider whether the extrinsic evidence demonstrated a colourable exercise of power
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Tsui owns and operates a body rub parlour that is licensed by the City of Vaughan. He was charged with contravening the section of the City’s By-law 315-2005 regulating the hours of operation of body rub parlours in its jurisdiction and received a fine of $400. Mr. Tsui challenged the constitutionality of the by-law as being ultra vires the jurisdiction of the municipality because it constituted criminal law.
Lower court rulings
Ontario Court of Justice
2013 ONCJ 643, 4961 999 00 5660157Z-00
Applicant’s application for declaration that provisions of municipal by-law relating to hours of operation and dress code for body rub parlours ultra vires granted
Ontario Court of Justice
999-005660157Z-00
Crown’s appeal dismissed
Court of Appeal for Ontario
C61067, 2017 ONCA 230
Crown’s appeal allowed and new trial ordered
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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