Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38771
2386240 Ontario Inc., et al. v. Regional Municipality of Peel
(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) |
|---|---|---|
| 2020-08-25 | Close file on Leave | |
| 2020-08-25 | Certificate of taxation issued to, Barnet H. Kussner | |
| 2020-08-25 | Decision on the bill of costs, in the amount of $1,136.80, DeRg | |
| 2020-08-25 | Submission of the bill of costs, DeRg | |
| 2020-01-03 | Bill of costs, (Letter Form), Completed on: 2020-01-03 | Regional Municipality of Peel |
| 2019-11-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-29 | Judgment on leave sent to the parties | |
| 2019-11-28 |
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 C65592, 2019 ONCA 413, dated May 21, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2019-10-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-10-03 | 2386240 Ontario Inc. |
| 2019-09-23 | Certificate (on limitations to public access), (Letter Form), 23A | Regional Municipality of Peel |
| 2019-09-23 | Notice of name, (Letter Form) | Regional Municipality of Peel |
| 2019-09-23 | Respondent's response on the application for leave to appeal, (Book Form), Covers amended ask10012019 (rec' 2019-10-04), Completed on: 2019-09-23 | Regional Municipality of Peel |
| 2019-08-23 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 08/23/19 | |
| 2019-08-20 | Certificate (on limitations to public access), (Letter Form) | 2386240 Ontario Inc. |
| 2019-08-20 | Notice of name, (Letter Form) | 2386240 Ontario Inc. |
| 2019-08-20 | Application for leave to appeal, (Book Form), Completed on: 2019-08-20 | 2386240 Ontario Inc. |
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 |
|---|---|---|
| 2386240 Ontario Inc. | Applicant | Active |
| o/a Al-Omda Lounge | Applicant | Active |
| Habibi Lounge | Applicant | Active |
| Fusion Lounge | Applicant | Active |
| Saima Rogina Inc. | Applicant | Active |
| o/a El Fishawy | Applicant | Active |
| 84921231 Canada Inc. | Applicant | Active |
| o/a Mazaj Lounge | Applicant | Active |
| Shisalicious Café | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Regional Municipality of Peel | Respondent | Active |
Counsel
Party: 2386240 Ontario Inc.
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: o/a Al-Omda Lounge
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Habibi Lounge
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Fusion Lounge
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Saima Rogina Inc.
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: o/a El Fishawy
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: 84921231 Canada Inc.
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: o/a Mazaj Lounge
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Shisalicious Café
Counsel
Lincoln L. Atten
286 Smith Street
5th Floor
Winnipeg, Manitoba
R3C 1K4
Telephone: (204) 942-8070
FAX: (204) 775-0902
Email: louay@alghoul.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Regional Municipality of Peel
Counsel
Sylvain R. Rouleau
66 Wellington Street West
Suite 4100, P.O. Box 35
Toronto, Ontario
M5K 1B7
Telephone: (416) 365-1110
FAX: (416) 365-1876
Email: bkussner@weirfoulds.com
Agent
350 - 220 avenue Laurier Ouest
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8269
FAX: (613) 565-2087
Email: atomkins@plaideurs.ca
Summary
Keywords
Municipal law — By laws — Validity — Judicial review of municipal by laws — Application for declaration that parts of by law prohibiting smoking waterpipes in specified areas including certain businesses be deemed illegal and quashed — Lower courts dismissing application and further appeal — Whether there is a comprehensive test for determining when a municipality has exceeded its jurisdiction to enact a by law — Whether Municipal Act, 2001, S.O. 2001, c. 25 sets appropriate limits for municipal by law powers — How should courts approach characterizing subject matter of a by law or determining its purpose and effects — By law No. 30 2016, Peel Waterpipe Smoking By law.
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.
The applicants are the owners of several hookah lounges located within the respondent, Regional Municipality of Peel. In their lounges, the applicants supply waterpipes and smoking products (including herbal shisha, a legal substance) to their customers to be consumed on site, while the customers socialize on their premises.
On April 28, 2016, the municipality passed by law No. 30 2016, Peel Waterpipe Smoking By law, which, among other things, prohibits smoking waterpipes in specified places that would include the applicants’ lounges.
The applicants applied under s. 273 of the Municipal Act, 2001, S.O. 2001, c. 25, for a declaration that ss. 2(a), (b), and (c) as well as s. 5 of the by law are illegal and should be quashed. Sections 2(a), (b) and (c) prohibit waterpipe smoking in an enclosed public place, an enclosed workplace and a restaurant or a bar patio. Section 5 prohibits a proprietor, an employer, or an employee from permitting waterpipe smoking in the locations specified in ss. 2(a), (b) and (c).
The application judge dismissed the applicants’ application. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 3162, CV-16-4669-00
Application for declaration that ss. 2(a), (b), (c) and 5 of Municipality of Peel’s By Law No. 1331 2016, Peel Waterpipe Smoking By law, are illegal and invalid and for order quashing said provisions, dismissed.
Court of Appeal for Ontario
2019 ONCA 413, C65592
Appeal dismissed.
Memorandums of argument on application for leave to appeal
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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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