Legal Update – Recent Court Decisions

City of Vancouver v. Doll and Penny’s Café Ltd.
B.C. Court of Appeal (2000)

• validity of local government no smoking bylaws upheld
• business proprietors can be held liable for permitting customers to smoke in the business premises contrary to the bylaw
• in the trial court, the following statement was made:

“The goals of the no-smoking bylaw are not open to question on this appeal. It is a health bylaw properly enacted by the Vancouver City council. The purpose of the legislation cannot be attained without enforcement. That enforcement may be accomplished in many ways. It might require a force of City inspectors. It might require the involvement of the police. It will require the cooperation of the public and of the proprietors of restaurants. What is expected from the proprietors is codified in the bylaw.”