CIVIL PROCEDURE - Injunctions - Circumstances when granted - Permanent injunctions

Law360 Canada (June 21, 2023, 1:54 PM EDT) -- Appeal by Ramirez from permanent stay of operation of his tavern, Paradise Night Club (Paradise), for operating without a business licence issued by The Corporation of the Municipality of Leamington (Municipality). Among other things, Ramirez submitted that the application judge committed reversible errors in granting a permanent injunction and in holding that the Business By-law applied to and prohibited his business from operating without a business licence issued by the Municipality. Before the issuance of the permanent injunction under appeal, Ramirez operated Paradise under a valid liquor licence. In 2019, the Municipality enacted Business Licensing By-law 05-19 prohibiting the operation of any business without a licence issued by the respondent, except for those businesses that the Business By-law expressly exempted. Ramirez was required to have a licence issued by the Municipality under the Business By-law to operate it. The application judge found that Ramirez knowingly operated a business without a business licence contrary to s. 9 of the Business By-law and that this continuing operation of his business without a business license was illegal....

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