114957 Canada Ltée (Spraytech, Société d'arrosage) v. Hudson (Town) | |
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Hearing: December 7, 2000 Judgment: June 28, 2001 | |
Citations | [2001] 2 SCR 241, 2001 SCC 40 |
Docket No. | 26937 [1] |
Court membership | |
Chief Justice: Beverley McLachlin Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel | |
Reasons given | |
Majority | L’Heureux-Dubé, Gonthier, Bastarache and Arbour JJ. |
Concurrence | Iacobucci, Major and LeBel JJ. |
Spraytech v Hudson, [2001] 2 S.C.R. 241; 2001 SCC 40 is a leading Supreme Court of Canada case on the general welfare powers of a municipality to regulate the conduct of businesses that impact the health and safety of residents. [2]
The applicants, a lawn-care company, sought to overturn a municipal ban on pesticide use. They contended that the ban contravened or otherwise interfered with Quebec's Pesticides Act and federal Pest Control Products Act legislation, and sought a declaration that the municipality was ultra vires its power. The Supreme Court ruled otherwise, as did the courts below. The appellants were taxed with costs. [3]