{
  "court-opening": "--- PAGE 1 --- CITATION: Katerberg v. Ontario (Ministry of Transportation), 2026 ONSC 3991 COURT FILE NO.: DC-25-00002233-00JR DATE: 20260709 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT Raikes, Sutherland and Schreck JJ. BETWEEN: ) ) GEORGE KATERBERG Applicant – and – HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF TRANSPORTATION Respondent ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C. Fleury and D. Leung, for the applicant J. Hunter and R. Amarnath, for the respondent ) ) HEARD: April 9, 2026 REASONS FOR JUDGMENT SCHRECK J.: [1] George Katerberg believes that COVID-19 vaccines are ineffective and dangerous and that the government knowingly misled the public by suggesting that they were not. Mr. Katerberg decided to communicate his beliefs to others , so he created a large sign identifying a number of political figures with a message stating that they lied about the vaccines. He placed the sign on a billboard he had rented on the side of Highway 17, near Thessalon, Ontario , which has been designated by the Ministry of Transportation (“the Ministry”) as a “bush country highway.” [2] Ministry officials contacted Mr. Katerberg and told him that he had to remove his sign because it failed to comply with Ministry policy. Mr. Katerberg removed the sign, made revisions to it, and then sought permission to put it back up. The Ministry refused to allow him to do so. -",
  "court-non-endorsement": "inistry policy infringes his right to freedom of expression guaranteed by s. 2( b) of the Canadian Charter of Rights and Freedoms. The Ministry opposes the application. It submits that the type of expression Mr. Katerberg wishes to engage in is not protected by s. 2( b) in the circumstances of this case because the Ministry has not historically permitted political expression on bush country highway billboards. In the alternative, the Ministry submits that any infringement of Mr. Katerberg’s rights is justified by s. 1 of the Charter. [4] I would grant the application and issue a declaration that the Ministry policy at issue infringes s. 2( b) of the Charter, is not justified pursuant to s. 1, and is of no force or effect. Regardless of what the Ministry has historically permitted, it has decided to permit some types of expression on bush country highways and prohibit others and this type of attempt to regulate the content of expression engages and infringes s. 2(b). The infringement is not justified by s. 1. While the Ministry’s identified objective of maintaining the integrity of bush country highways is pressing and substantial, there is no rational connection between the objective and the infringing measure. [5] The following reasons explain these conclusions. It should be noted that this case is about Mr. Katerberg’s freedom to express his views and not the correctness of those views. Nothing in these reasons should be read as endorsing or censuring Mr. Katerberg’s views about the safety or efficacy of COVID-19 vaccines or any government policies respecting those vaccines. I. FACTS A. The Applicant’s Sign [6] The applicant, George Katerberg, is a retired self-employed business owner who lives in in the Ontario Municipality of Huron Shores. Based on his own observations and information he obtained from social media and other sources, he came to believe that vaccines introduced during the COVID-19 pandemic were ineffective and harmful. He also believed that various politicians and public officials who had stated that the vaccines were safe and effective were deliberately misleading the public. As a result, the applicant strongly opposed public policies that imposed any type of restriction on unvaccinated individuals. [7] At some point in 2022, the applicant decided to put up a sign setting out his views about certain politicians and public officials who had advocated for the use of COVID-19 vaccines. He came across a billboard located for rent at the side of Highway 17 , near Thessalon, Ontario, and arranged to rent it for one year at a cost of $500. The billboard was on the highway right-of-way, land owned by the Ministry. --- PAGE 3 --- Page 3 [8] The applicant created a sign designed to occupy the full area of the bi",
  "court-policy": "itical speech is excluded from the list of permissible messaging. [3] Mr. Katerberg applies to this court for judicial review of the decision refusing him permission to put up his sign and seeks a declaration that the Ministry policy infringes his right to freedom of expression guaranteed by s. 2( b) of the Canadian Charter of Rights and Freedoms. The Ministry opposes the application. It submits that the type of expression Mr. Katerberg wishes to engage in is not protected by s. 2( b) in the circumstances of this case because the Ministry has not historically permitted political expression on bush country highway billboards. In the alternative, the Ministry submits that any infringement of Mr. Katerberg’s rights is justified by s. 1 of the Charter. [4] I would grant the application and issue a declaration that the Ministry policy at issue infringes s. 2( b) of the Charter, is not justified pursuant to s. 1, and is of no force or effect. Regardless of what the Ministry has historically permitted, it has decided to permit some types of expression on bush country highways and prohibit others and this type of attempt to regulate the content of expression engages and infringes s. 2(b). The infringement is not justified by s. 1. While the Ministry’s identified objective of maintaining the integrity of bush country highways is pressing and substantial, there is no rational connection between the objective and the infringing measure. [5] The following reasons explain these conclusions. It should be noted that this case is about Mr. Katerberg’s freedom to express his views and not the correctness of those views. Nothing in these reasons should be read as endorsing or censuring Mr. Katerberg’s views about the safety or efficacy of COVID-19 vaccines or any government policies respecting those vaccines. I. FACTS A. The Applicant’s Sign [6] The applicant, George Katerberg, is a retired self-employed business owner who lives in in the Ontario Municipality of Huron Shores. Based on his own observations and information he obtained from social media and other sources, he came to believe that vaccines introduced during the COVID-19 pandemic were ineffective and harmful. He also believed that various politicians and public officials who had stated that the vaccines were safe and effective were deliberately misleading the public. As a result, the applicant strongly opposed public policies that imposed any type of restriction on unvaccinated individuals. [7] At some point in 2022, the applicant decided to put up a sign setting out his views about certain politicians and public officials who had advocated for the use of COVID-19 vaccines. He came across a billboard located for rent at the side of Highway 17 , near Thessalon, Ontario, and a",
  "court-section-5821": "lands, did not historically permit billboards along bush country highways. The Ministry began permitting bush country highways to support their immediate communities. The Ministry never intended for bush country billboards to be used to promote causes of any kind (i.e., political, social, etc.). With that said, the Ministry acknowledges that there may have been some past inconsistency in the application of the Ministry’s intention with bush country billboards. The decision went on to explain that to remove any ambiguity, the Ministry had clarified its policy as set out in the Highway Corridor Management Manual (which is described later in these reasons). D. The Ministry’s Policy [18] At the time the applicant first put up his sign, signage on all Ontario highways was subject to rules set out in the Ministry’s Highway Corridor Management Manual, dated April 2022 (“the 2022 Manual”). The only rule with respect to the contents of billboards was set out in s. 5.7.1: 5.7.1 The message on the billboard must not promote violence, hatred, or contempt against any identifiable group . Identifiable group means any section of the public distinguished by colour, race, religion, ethnic origin, sexual orientation or disability. Section 5.8 of the 2022 Manual set out requirements for billboards on bush country highways. The only rule with respect to content was s. 5.8.2.1, which contained wording identical to that in s. 5.7.1. [19] A new Highway Corridor Management Manual was released in April 2025 (“the 2025 Manual”). There were no changes to s. 5.7.1, which applies to billboards on all highways . However, the rule with respect to the content of billboards on bush country highways was amended and now reads as follows: 5.8.2.1. A billboard sign on private property adjacent to a Bush Country highway must meet the messaging requirements set out in Section 5.7.1. A billboard sign on the highway [right of way] must meet the following requirements in addition to the messaging requirements set out in Section 5.7.1.: --- PAGE 6 --- Page 6 a. Shall only promote goods and services or authorized local events offered by, or related to, businesses, municipalities, charities, not-for-profit organizations, or Indigenous communities. b. Shall not demean, denigrate, or disparage one or more identifiable persons, grou p of persons, firms, organizations, industrial or commercial activities, professions, entities, products or services, or attempt to bring it or them into public contempt or ridicule. c. Shall not undermine human dignity; or display obvious indifference to, or encourage, gratuitously and without merit, conduct or attitudes that offend the standards o f public decency prevailing among a significant segment of the p",
  "manual-5-7-1": "7 5.5.13 Development/Real Estate/Construction Signs __________________ 17 --- PAGE 408 --- Chapter 5: Signs 5-iv 5.5.14 Portable Signs (Mobile)____________________________________ 18 5.6 Location Signing ________________________________________ 19 5.6.1 Individual Business _______________________________________ 19 5.6.2 Amount of Signing Permitted on Property (Individual Business) ____ 22 5.6.3 Commercial Plaza or Industrial Complex Sign __________________ 24 5.6.4 Amount of Signing Permitted on Property – Commercial Plaza or Industrial Complex _______________________________________ 27 5.6.5 Home Occupation Sign ____________________________________ 29 5.6.6 Environmental/Greening Initiative Sign _______________________ 29 5.6.7 Guideline for Farm and Agricultural Product Signing _____________ 30 5.6.7.1 Signs Permitted on a Farm _________________________________ 30 5.6.7.2 Permitted Directional Sign (off premises) _____________________ 30 5.6.8 Decorative Municipal Displays ______________________________ 31 5.6.9 Changeable Message Sign (Location Sign) _____________________ 32 5.6.9.1 Definition ______________________________________________ 32 5.6.9.2 Specifications ___________________________________________ 32 5.6.10 Diagrams: Methods of Determining Area of Sign ________________ 34 5.7 Billboards _____________________________________________ 36 5.7.1 Message on the Billboard __________________________________ 37 5.7.2 Billboard Requirements in Rural Area _________________________ 37 5.7.3 Billboard Requirements in Built-Up or Urban Area _______________ 37 5.7.4 Location of Billboard Signs Related to Direction of Travel of Vehicles 38 5.7.5 Angle of Billboard Sign as Related to Highway __________________ 38 5.7.6 Billboard Signs in City, Town, and Village etc. __________________ 38 5.7.7 Setback Distance for Billboard Signs _________________________ 38 5.7.8 Basic Setback Distances must be Maintained ___________________ 39 5.7.9 Setback Distance for Billboards in Built-Up Area ________________ 39 5.7.10 Requirements Regarding Billboard Affixed to a Building __________ 39 5.7.11 Each Billboard must be Covered by a Permit up to Five Years ______ 39 5.7.12 Signs must be Placed within Six Months of Issuance of Permit _____ 39 5.7.13 Message on Sign may be Changed ___________________________ 40 5.7.14 Changeable Message Sign _________________________________ 40 5.7.15 Billboard Signing – Spacing Requirements _____________________ 41 5.8 Bush Country Highway Signs ______________________________ 42 --- PAGE 409 --- Chapter 5: Signs 5-v 5.8.1 Location Signs __________________________________________ 42 5.8.2 Billboard Signs __________________________________________ 43 5.8.2.1 Message on the Billboard _____________________________",
  "manual-5-8-2-1": "___________________________ 36 5.7.1 Message on the Billboard __________________________________ 37 5.7.2 Billboard Requirements in Rural Area _________________________ 37 5.7.3 Billboard Requirements in Built-Up or Urban Area _______________ 37 5.7.4 Location of Billboard Signs Related to Direction of Travel of Vehicles 38 5.7.5 Angle of Billboard Sign as Related to Highway __________________ 38 5.7.6 Billboard Signs in City, Town, and Village etc. __________________ 38 5.7.7 Setback Distance for Billboard Signs _________________________ 38 5.7.8 Basic Setback Distances must be Maintained ___________________ 39 5.7.9 Setback Distance for Billboards in Built-Up Area ________________ 39 5.7.10 Requirements Regarding Billboard Affixed to a Building __________ 39 5.7.11 Each Billboard must be Covered by a Permit up to Five Years ______ 39 5.7.12 Signs must be Placed within Six Months of Issuance of Permit _____ 39 5.7.13 Message on Sign may be Changed ___________________________ 40 5.7.14 Changeable Message Sign _________________________________ 40 5.7.15 Billboard Signing – Spacing Requirements _____________________ 41 5.8 Bush Country Highway Signs ______________________________ 42 --- PAGE 409 --- Chapter 5: Signs 5-v 5.8.1 Location Signs __________________________________________ 42 5.8.2 Billboard Signs __________________________________________ 43 5.8.2.1 Message on the Billboard __________________________________ 43 5.8.2.2 Billboard Sign Requirements _______________________________ 44 5.8.2.3 Setback Distance for Billboards on Highway Right-of-Way ________ 45 5.8.2.4 Setback Distance for Billboards on Private Property Adjacent to Bush Country Highways ________________________________________ 45 5.8.2.5 Waiting List _____________________________________________ 45 5.8.2.6 Multiple Applications ______________________________________ 46 5.8.2.7 Municipal Exemptions _____________________________________ 46 5.8.2.8 Angle of Billboard Sign as Related to Highway __________________ 46 5.8.2.9 Billboard Signs in City, Town and Village, etc. __________________ 46 5.8.2.10 Requirement Regarding Billboard Affixed to a Building ___________ 46 5.8.2.11 Signs Must be Placed within Six Months of Issuance of Permit _____ 46 5.8.2.12 Message on Sign May Be Changed ___________________________ 47 5.8.2.13 Changeable Message Signs ________________________________ 47 5.8.2.14 Permit Administration _____________________________________ 47 5.8.3 Bush Country Highway Designation List _______________________ 48 5.9 Community Business Message Board ________________________ 49 Appendix 5A - Classifications ___________________________________ 1 --- PAGE 410 --- Chapter 5: Signs 5-vi Figures Figure 5.6.1 Determining Area of Box Sign _________________"
}