Spraytech v Hudson
Supreme Court of Canada case
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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]
Citations[2001] 2 SCR 241, 2001 SCC 40
Docket No.26937[1]
MajorityL’Heureux-Dubé, Gonthier, Bastarache and Arbour JJ.
ConcurrenceIacobucci, Major and LeBel JJ.
| 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. |
Summary
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]