An Ontario Superior Court judge ruled that there was “apparent unfairness” in shutting down small businesses while letting large retailers remain open during the second wave of the coronavirus. 

According to Blacklock’s Reporter, Superior Court Justice Frederick Myers made the ruling during a speedy injunction initiated by Canadian Appliance Source LP against the province’s public health orders. 

“I have little understanding of the public interest assessment behind the COVID-19 regulatory regime,” ruled Justice Myers. 

“Everyone sees the apparent unfairness of small stores closing while big box stores remain open.”

Appliance Source took the issue to court after it was ordered to close its doors in Toronto, Mississauga and Brampton in accordance with the Ford government’s new coronavirus lockdown regime. 

The company was expecting to make $27 million in sales in the province for December but now the company is arguing that the closures will cost the company millions. 

“This case involves the public interest and not just the private concerns of the applicant and its customers in its showrooms. Has the government made a policy choice to favour a small number of very large stores to contain risks while people do necessary shopping?” wrote Justice Myers. 

“There appears to be a battle for the hearts and minds of the public between public health advocates and others with different priorities.” 

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