679619 Ontario Limited (Silvers Lounge) v. Windsor (City)

679619 Ontario Limited (Silvers Lounge) v. Windsor (City)

The impugned portions of Windsor By‑law No. 395‑2004 are ultra vires: the label "dancer" as defined does not constitute a separate trade or class of a trade or occupation under the Municipal Act, 2001 because it classifies employees by state of dress rather than by the regular employment services performed;...

Source-derived case information.

Citation
2007 ONCA 7
Parties
Applicants (respondents): 679619 Ontario Limited o/a Silvers Lounge; Katzman Enterprises Ltd. o/a Cheetah’s on the River; Leopards Broil & Lounge and Danny’s Tavern; 564163 Ontario Limited o/a Studio 4 Tavern; 1015111 Ontario Limited o/a Club T‑Zers; The President’s Club Limited; Respondent (appellant): The Municipal Corporation of the City of Windsor
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
9 January 2007
Procedural Posture
Civil / Appeal to Court of Appeal
Outcome
Appeal dismissed (majority); declaration below upheld that relevant parts of By‑law are void; dissent would have allowed appeal
Legal Topics
Licensing Fees, Ultra Vires, Statutory Interpretation, Discrimination in By‑laws, Fee Allocation
Source Language
english
Municipal Law Administrative Law Regulatory Law Civil Litigation Licensing Fees Ultra Vires Statutory Interpretation Discrimination in By‑laws +1 more

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Parties

679619 Ontario Limited o/a Silvers Lounge; Katzman Enterprises Ltd. o/a Cheetah’s on the River; Leopards Broil & Lounge and Danny’s Tavern; 564163 Ontario Limited o/a Studio 4 Tavern; 1015111 Ontario Limited o/a Club T‑Zers; The President’s Club Limited

Applicants (respondents)

The Municipal Corporation of the City of Windsor

Respondent (appellant)

Procedural Posture

Civil / Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the City of Windsor had authority to require and licence "dancers" as a separate class of trade or occupation under the Municipal Act, 2001
  2. 2 Whether the quantum of the dancer licence fee complied with s.150(9) and (10) of the Municipal Act, 2001 (fees limited to costs directly related to administration and enforcement)

Ratio Decidendi

The impugned portions of Windsor By‑law No. 395‑2004 are ultra vires: the label "dancer" as defined does not constitute a separate trade or class of a trade or occupation under the Municipal Act, 2001 because it classifies employees by state of dress rather than by the regular employment services performed; additionally, the licence fee included general policing costs not 'directly related to the administration and enforcement' of the by‑law under s.150(9)‑(10), so the fee quantum was improper. Therefore the relevant parts of the by‑law are void and the appeal is dismissed (majority).

Court Disposition

Appeal dismissed (majority); declaration below upheld that relevant parts of By‑law are void; dissent would have allowed appeal

Orders

  • Declare the impugned parts of By‑law No. 395‑2004 (licensing regime for "dancers") ultra vires and void
  • Appeal dismissed