The Ontario Court of Justice, Provincial Offences Court registered convictions against Richard Teahen proprietor of the Cue N' Cushion Billiard and Bar.

The defendant, a billiard hall/bar located on Bank Street had advanced a defence that it was exempt from the provisions of the Smoke-free By-laws claiming it was a private/club. In addition, the defendant challenged the City's prosecution alleging that the City had selectively enforced/prosecuted the Smoke-free By-laws against certain establishments and not others, in violation of The Charter of Rights and Freedoms.

With respect to the Charter matter, the Court dismissed the defendant's motion. The Court held that it was satisfied that selective enforcement/prosecution did not nor does not exist. The City has enforced the By-laws uniformly.

With respect to the charges under the Smoke-Free By-laws against the defendant, the Court registered convictions finding that upon evidence and dates in question the establishment was permitting smoking and ashtrays to be displayed. In relation to the offences, the Court was satisfied that the defendant was indeed a designated place set out in Public Places By-law 2001-148. In this regard, it rejected the defence of private club based on the By-law and the jurisprudence presented by the City.

The Court has reserved its decision on sentencing until September 9, 2002.