Is a restriction of a person’s opportunity to conduct a home-based business, such as a hairdressing business, not unreasonable?

British Columbia, Canada


The following excerpt is from Burns Lake (Village) v. Krause, 2007 BCSC 730 (CanLII):

I am acutely aware that it is open to me to view the restriction of a person’s opportunity to conduct a home-based business, such as a hairdressing business, as unreasonable. Nevertheless I resist that temptation, bearing in mind the words of Major J. in Rascal Trucking at para. 36, where he quoted with approval the words of Lord Russell of Killowen in Kruse v. Johnson, [1898] 2 Q.B. 91 (Div. Ct.): A by-law is not unreasonable merely because particular judges may think that it goes further than is prudent or necessary or convenient, or because it is not accompanied by a qualification or an exception which some judges may think ought to be there. Surely it is not too much to say that in matters which directly and mainly concern the people of the county, who have the right to choose those whom they think best fitted to represent them in their local government bodies, such representatives may be trusted to understand their own requirements better than judges. Conclusion

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