Summary: 2682283 Ontario Ltd, operating as Volcano Café and Lounge, appealed a decision that dismissed its application to quash a smoking and vaping by-law enacted by Durham Region. The by-law, which prohibited smoking within 9 meters of public spaces' entrances and in enclosed workplaces, affected the appellant's hookah lounge operations.

Key Points:

• By-Law Challenge: The appellant initially challenged the by-law as a disguised business regulation, but later focused on the changes made to Schedule A after the by-law's enactment, arguing these amendments invalidated the by-law.
• Court Findings:
  • The changes to Schedule A, which involved set fines for by-law violations, were determined to be within the authority of the local Regional Senior Justice under the Provincial Offences Act. These modifications did not alter the by-law’s substantive provisions.
  • The application judge and the Court of Appeal both found the by-law was a legitimate exercise of municipal power aimed at protecting public health.

Outcome: The appeal was dismissed, upholding the by-law's validity. The court clarified that the modifications to Schedule A did not affect the by-law's legality and emphasized the municipality's role in public health governance. Costs of $10,000 were awarded to the respondent.