by Rick Coburn (Toronto Office)of Borden Ladner Gervais
On November 17, 2005, the Supreme Court of Canada dismissed, without reasons, the application for leave to appeal from the decision of the Ontario Court of Appeal in Croplife Canada v. Toronto (City). The Court of Appeal had upheld a bylaw enacted by the City of Toronto that regulated the use of pesticides. The bylaw was enacted pursuant to section 130 of the Ontario Municipal Act, 2001, which authorizes bylaws for the protection of the health, safety and well-being of residents of the municipality. The Ontario Court of Appeal held that this general power would be available only if there was no specific municipal power to regulate pesticide uses contained in the Municipal Act, 2001 or any other Ontario statute, and that no such specific municipal power existed. The case was heard by the Ontario Court of Appeal after the Supreme Court had rendered its decision upholding a very similar bylaw in the case of 114957 Canada Ltée (Spraytech) v. Hudson (Town) (“Spraytech”) under the general provisions of the Quebec Cities and Towns Act. More Info...
