Ontario Court Upholds Toronto Restaurant Rating System
- What's On Report, Kostuch Publications; Jan 26, 2004

The controversial Toronto green for pass, yellow for conditional pass and red for fail health inspection window posting system has been upheld by the Ontario Divisional Court. A three judge panel dismissed claims that the system was "unreasonable" and "unconstitutional" and ordered the Ontario Restaurant Hotel and Motel Association (ORHMA) to pay the city's court costs, estimated to be about $30,000. The 21-page judgment, reported in the Toronto Star, reads, "We find no evidence of any actual harm occasioned to any restaurant operator. We do not find the salutary effects of the (disclosure system) to be illusory, as the applicant states. We find, rather, that the salutary effects of the legislation far outweigh any perceived compelled expression protected by (the Charter of Rights and Freedoms)." ORHMA president Terry Mundell commented, "You're always disappointed when you go through a lengthy, costly process. But you need to be careful and get a full and thorough review of the decision. Our solicitor is going through it and we need to talk to our board of directors before we make any decisions." 

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