When if ever will holiday closings face the Charter test?

The Ontario Court of Justice recently rendered a decision which provided an opportunity for grocery stores in Toronto to remain open on statutory holidays. As a result, a Longo’s store downtown was open on Labour Day and so was Summerhill Market  Summerhill is often open but it usually tapes off large parts of the store to conform with arcane provisions of municipal law.

PREPARED MEALS

Essentially, the court found that Longo’s was selling “prepared meals” under the City of Toronto legislation by which holiday shopping is controlled. Council is making noises that it will somehow plug this loophole  It says the prepared meals language was intended for restaurants. It’s an interesting skirmish in the timeless question of why some businesses are open and others must close. The Eaton Centre is always open. It benefits from what most people recognize as a thoroughly bogus definition of the place as a tourist zone.

CRAZY-QUILT RULES

The ongoing question is when if ever will this crazy quilt of legislation be tested by the Supreme Court of Canada (SCOC). Although some Councillors are grumbling, there is a lot of opinion that the City doesn’t dare lay a charge against a large firm with lots of money. If the complainant decided to appeal to the SCOC, there is opinion that dozens of regulations would be found unconstitutional.

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