TORONTO — An Ontario court agreed last week with Hudson’s Bay Co. that the “wisdom and efficacy” of Ontario’s retail lockdown rules is “open to question,” but nevertheless held the province was within its legal rights. Canada’s oldest corporation had complained that Ontario’s definition of essential businesses privileged big boxes like Walmart while encouraging epidemiologically risky behaviour.
A panel of Ontario Superior Court judges agreed, but demurred that its role was only to determine if the policy is legal under the Reopening Ontario Act and held that it “clearly is.” The pandemic has posed major challenges to HBC, which is currently locked in legal battles with commercial landlords and last month announced its downtown Winnipeg flagship will close in February.
