Lerners LLP Secures Successful Outcome for City of Hamilton in Precedent-Setting Ontario Court of Appeal Decision
Mar 20, 2026
Announcements
Lerners LLP is pleased to announce that Partners C. Kirk Boggs and Stuart Zacharias have achieved a landmark victory at the Ontario Court of Appeal in Christian Heritage Party of Canada v. Hamilton (City), 2026 ONCA 195. This appellate ruling follows a 2024 Divisional Court decision, also successfully argued by Lerners, that dismissed the related judicial review application.
On March 18, 2026, the Court of Appeal upheld the City of Hamilton’s decision not to run a proposed transit advertisement due to its potential to cause serious psychological harm to or increase the risk of violence against transgender and gender-diverse transit users. In doing so, the court affirmed that while the Charter right to freedom of expression is fundamental, it is not absolute. Municipalities may, acting reasonably, and with proper regard for competing interests, limit advertising on public property when necessary to maintain a safe and inclusive transit system for all community members.
“This decision is an important affirmation of the responsibility municipalities have to safeguard the communities they serve,” said Kirk Boggs, Partner at Lerners LLP. “The court recognized that the important Charter right of freedom of expression must be meaningfully balanced against the real‑world impacts of harmful messaging, particularly when vulnerable populations could be put at risk. In this case, the City thoughtfully engaged with CHP and then undertook the robust proportionality exercise directed by the Supreme Court of Canada. Ultimately, it reached a decision that was reasonable based on the empirical and qualitative evidence available to it. The court’s decision reflects the thoughtful manner in which the City addressed this issue. We are proud to have been able to support the City and achieve this result for it.”
“As governments and public agencies continue to navigate increasingly complex social and constitutional issues, clear guidance from the courts is essential,” said Stuart Zacharias, Partner at Lerners LLP. “This decision provides that clarity. It confirms that municipalities can take thoughtful, measured steps to ensure their spaces remain safe and welcoming, while still respecting fundamental rights. The Court of Appeal has now fleshed out the procedural considerations that apply when municipalities grapple with these challenging and important issues. We are pleased that our advocacy helped delineate that balance.”
The ruling is now a leading Canadian authority on the application of the Doré/Loyola framework to proposed advertising in municipal spaces, offering clarity on the process public bodies should follow when weighing expressive rights against the imperative to provide safe, respectful, and accessible public environments.
About Lerners LLP
Lerners LLP is one of Ontario’s largest law firms, with offices in London, Toronto, Waterloo Region, and Strathroy. With over 90 years of successful client service and representation, our team of more than 140 exceptionally skilled lawyers provides deep experience across a full range of practice areas.
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