Toronto v. Wassilyn, (1999) 118 O.A.C. 264 (CA)

JudgeBrooke, Finlayson and O'Connor, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateMarch 17, 1999
JurisdictionOntario
Citations(1999), 118 O.A.C. 264 (CA)

Toronto v. Wassilyn (1999), 118 O.A.C. 264 (CA)

MLB headnote and full text

Temp. Cite: [1999] O.A.C. TBEd. AP.022

The Corporation of the City of Toronto (respondent) v. Michael Wassilyn Jr. (appellant)

(C30602)

Indexed As: Toronto (City) v. Wassilyn

Ontario Court of Appeal

Brooke, Finlayson and

O'Connor, JJ.A.

March 30, 1999.

Summary:

Wassilyn allegedly sold tickets to a Blue Jays game outside the Sky Dome. He was convicted of vending in a prohibited area contrary to s. 315(2) of the Municipal Code. His appeal was dismissed. He appealed again.

The Ontario Court of Appeal allowed the appeal and acquitted the accused.

Municipal Law - Topic 3842

Bylaws - Quashing bylaws - Grounds for judicial interference - Ultra vires - The City of Toronto Act, s. 2, authorized the regulation or prohibition of the selling of goods, wares, marchandise, products, re­freshment, foodstuffs or flowers from a portable display unit - Wassilyn allegedly sold tickets to a Blue Jays game outside the Sky Dome - He was convicted of vending in a prohibited area contrary to s. 315(2) of the Municipal Code - He appealed on the ground that the bylaw was ultra vires -The Ontario Court of Appeal quashed the conviction because the bylaw was ultra vires - The bylaw was broader than the authorizing statute, where the definition of vending added crafts and jewellery "or any other items whatsoever" to the list of articles of sale and also omitted the limiting words "from a por­table display unit".

Cases Noticed:

R. v. Greenbaum (M.), [1993] 1 S.C.R. 674; 149 N.R. 114; 61 O.A.C. 241; 100 D.L.R.(4th) 183; 79 C.C.C.(3d) 158; 10 Admin. L.R.(2d) 161; 19 C.R.(4th) 347; 14 M.P.L.R.(2d) 1, refd to. [para. 11].

Statutes Noticed:

Toronto City Bylaws, Municipal Code, sect. 315 [para.

Counsel:

John Marko, for the appellant;

Geoffrey Uyeno, for the respondent.

This appeal was heard on March 17, 1999, before Brooke, Finlayson and O'Connor, JJ.A., of the Ontario Court of Appeal. On March 30, 1999, Finlayson, J.A., delivered the follow­ing judgment for the court.

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1 practice notes
  • Toronto (City) v. Cacciatore, (2002) 161 O.A.C. 132 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • May 23, 2002
    ...of that word as used in s. 2(20) of City of Toronto Bylaw 20-85 - See paragraphs 12 to 21. Cases Noticed: Toronto (City) v. Wassilyn (1999), 118 O.A.C. 264; 43 O.R.(2d) 97 (C.A.), refd to. [para. Statutes Noticed: Toronto (City) Bylaws, Bylaw No. 20-85, sect. 2(20) [para. 7]. Authors and ......
1 cases
  • Toronto (City) v. Cacciatore, (2002) 161 O.A.C. 132 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • May 23, 2002
    ...of that word as used in s. 2(20) of City of Toronto Bylaw 20-85 - See paragraphs 12 to 21. Cases Noticed: Toronto (City) v. Wassilyn (1999), 118 O.A.C. 264; 43 O.R.(2d) 97 (C.A.), refd to. [para. Statutes Noticed: Toronto (City) Bylaws, Bylaw No. 20-85, sect. 2(20) [para. 7]. Authors and ......

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