Can a city clerk issue a permit allowing a service station to remain open during designated hours?

Ontario, Canada


The following excerpt is from Jackson v. Vaughan (City), 2010 ONCA 118 (CanLII):

In Bridge v. The Queen, 1952 CanLII 9 (SCC), [1953] 1 S.C.R. 8, the City of Hamilton passed a by-law in which, among other things, it gave the City Clerk the power to issue permits authorizing service stations to remain open during stated hours and to grant extension permits to occupiers of gasoline shops except those who “according to evidence satisfactory to the City Clerk” were found to have failed to keep their shops open during the authorized times. The by-law was attacked on the basis that there had been an unlawful delegation of power to the City Clerk.

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