City asks Ontario Superior Court to bring flagrant violators into compliance with Smoke-Free Bylaws

May 15, 2002

The City of Ottawa has asked the Ontario Superior Court to order six businesses to comply with the smoke-free bylaws. The injunctions were deemed necessary by the City's lawyers in order to ensure fairness for the 95% of bars and restaurants that are obeying the bylaws and protecting the health of their staff and customers.

"Owners of smoke-free bars and restaurants have been waiting nine months for the City to deliver a level playing field. It is unfortunate we have to use these additional measures in order to protect law-abiding businesses from unfair competition," said City Solicitor, Jerry Bellomo.

An injunction is an order from the Court to comply with the bylaw. Any establishment choosing to disobey a Court order could be subject to additional sanctions like increased fines.

Although the vast majority of restaurants and bars are complying with the bylaws, there continues to be a small number of non-compliant establishments. These businesses have been using the delays inherent in the court system to postpone trial dates until late this summer or even early fall, resulting in an uneven playing field.

As the City is not interested in punishment, but in ensuring that all businesses are treated fairly and equally, it will not pursue the injunction should an establishment become and remain fully compliant. In fact, the City has already offered to forgo full prosecution of past charges in exchange for immediate compliance.

This proceeding was authorized by a unanimous vote of the City's Corporate Services committee on Tuesday, April 2, 2002. It is not uncommon for municipalities to use dual action (prosecuting and getting an injunction at the same time) to achieve compliance with a bylaw. Other cities, like Victoria in British Columbia, have had to seek injunctions in similar circumstances and the result was successful.

The six businesses subject to today's proceedings are: Barrymore's, Sammy's Centrepointe Pub, the Original Waffle House, the Carleton tavern, Puzzles Sports Bar, and the Cue & Cushion Billiards and Bar. These establishments have been collectively charged with violating the law 268 times in the past nine months.

City of Ottawa Communications and Marketing