News & Blog

We are proud to present the Conway Blog which will bring valuable insights into legal developments and practice issues in various areas of civil litigation. Included with the Conway Blog are entries from the blog of the 64th Treasurer of The Law Society of Upper Canada, Tom Conway.

Conway Lawyer, Julie Mouris, Quoted in Law Times

Julie Mouris was quoted in an article titled “When is a painting of ‘national importance’? Court weighs in” published in Law Times yesterday. The article was in relation to the April 16 decision Canada (Attorney General) v. Heffel Gallery Limited, 2019 FCA 82. The Federal Court of Appeal ruled that it was reasonable for the Canadian Cultural Property Export Review Board to find that an 1892 painting, Iris bleus by Gustave Caillebotte,…

Exciting News at Conway Litigation

Conway Litigation is pleased to welcome new partners David Taylor and Ben Grant, and to announce that Marion Sandilands will be joining Conway Litigation effective March 4, 2019. David Taylor has a general litigation practice with a focus on public law, appellate advocacy, and minority rights. A former clerk of the Supreme Court of Canada, David joined Conway Litigation in September 2017. Ben Grant has practiced commercial and administrative litigation…

Lawyer working on the table with document, gavel and scales

Conway Lawyers Successfully Defend Breach of Contract Action

In a recent decision of the Ontario Superior Court, Conway lawyers successfully defended a contractual claim for almost $5 million in damages. Conway represented the Independent Electricity System Operator (IESO). The plaintiff, Hutchingame Growth Capital Corporation (HGC) sued IESO claiming a breach of contract, negligent misrepresentation and breach of the duty of good faith, seeking $4,796,479.41 in damages. In the decision released on January 10, 2019 (reported as HGC v…

Portrait of lawyer Ben Grant

Op-Ed by Conway lawyer Ben Grant: Alberta trade challenge — a new opportunity to free the beer

Conway Lawyer, Ben Grant, has authored an opinion column which was published by the Toronto Sun this past weekend, which can be read here. The column, entitled “GRANT: Alberta trade challenge — a new opportunity to free the beer”, provides context on Alberta’s decision to launch a complaint under the Canadian Free Trade Agreement about the policies and practices of the Liquor Control Board of Ontario (LCBO). Ben Grant represented…

Glasses of beer and ale barrel on the wooden table. Craft brewer

Alberta changes beer measures following successful AIT complaint, launches trade challenge against Ontario

On Monday, the Alberta government announced that it will modify its measures relating to craft beer mark-ups to bring them in compliance with Canadian trade law. In October 2015, Alberta government introduced measures which imposed higher mark-ups on beer produced in some provinces than beer produced in Alberta. In August 2016, Alberta government announced that all beer was subject to the same mark-up but in addition, small Alberta brewers were…

Portrait of lawyer Ben Grant

Conway Lawyer Ben Grant to speak to Ontario craft brewers about interprovincial trade issues

On November 7 in Toronto, Conway lawyer Ben Grant will speak at the 2018 Ontario Craft Brewers Conference and Suppliers’ Marketplace on the topic of interprovincial trade barriers. The conference is Canada’s largest craft brewing conference. Ben Grant acted for Artisan Ales in one of the only private complaints under the Agreement on Internal Trade (since replaced with the Canadian Free Trade Agreement).

Concept for protest, revolution or conflict. Silhouette crowd of people protesters.

First wave of Ontario Court of Appeal rulings on anti-SLAPP legislation

Introduction On August 30, 2018, the Ontario Court of Appeal released six highly-anticipated decisions interpreting Ontario’s anti-SLAPP [Strategic Litigation Against Public Participation] legislation.[i] Section 137.1 of the Courts of Justice Act, in force since the fall of 2015, allows a defendant in a proceeding to bring a motion at any time after the proceeding has been commenced to have the action dismissed. This tool is commonly used in defamation cases….

Businessman Drawing One Star In The Air

Dealing with defamatory online business reviews in Ontario

In today’s Internet age, online reviews can have a significant influence on a business’ reputation. Many businesses highlight and build their reputations on their positive reviews and ratings. But, have you considered how you will deal with negative reviews – particularly reviews that are false and may be defamatory? Many websites have policies for removing reviews that are inappropriate. For example, reviews that are off-topic, fake or were written by…

Businessman Reading Contract Details Before Signing

Don’t Be Surprised – Scrutinize those Contractual Terms and Conditions

Agreements come in a variety of shapes and sizes. Some are painstakingly negotiated over the course of months, while others consist of the fine print on the back of a scribbled-out quotation. Regardless of form, every business will, at some point, enter a contract-based relationship. Signing on the dotted line, even where the contract appears to have “standard language,” can have significant consequences. This is particularly true as it relates…

Beer Cans

Conway lawyer Ben Grant achieves success in interprovincial beer dispute

An appellate panel has affirmed a determination that Alberta has contravened its obligations under the Agreement on Internal Trade (AIT) in its treatment of craft beer produced in other provinces. Ben Grant of Conway Litigation represented the complainant, Artisan Ales, in the initial proceeding and the appeal. Artisan Ales imports high-quality craft beer from Quebec and around the world for sale in the Alberta market. The complaint stemmed from measures…