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.

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…

Conway Lawyers Successful in Judicial Review Application before the Federal Court

The Federal Court issued a decision yesterday allowing the judicial review application in Heffel Gallery Limited. v. Canada (Attorney General). In the successful judicial review application, Heffel Gallery, a Canadian fine-art auction house, was represented by Conway lawyers, Thomas Conway, Owen Rees, and Julie Mouris. The application concerned a decision by the Canadian Cultural Property Export Review Board to delay the issue of an export permit for a French painting…

"Vote" written on chalkboard with checkmark

Are Employees Entitled to Paid Time Off to Vote? Election Day Demystified

It’s that time of the provincial democratic cycle – election day. The polls open tomorrow and many employers and employees have the same question: are employees entitled to paid time off to vote? The answer to this question is governed by Ontario’s Election Act. Under the Election Act, official polling hours are from 9:00am to 9:00pm EST (8:00am to 8:00pm CT). During polling hours, employees qualified to vote in Ontario’s…

Osgoode Hall (Ontario Court of Appeal Building)

Ontario Court of Appeal Shows Practicality in Assessing Imperfect Expert Evidence

By David K. Wilson and Benjamin L. Grant The Court of Appeal has affirmed a high-profile trial decision despite bias concerns relating to evidence led by a key expert witness. The practical approach adopted by the Court of Appeal offers real-world lessons for future cases. Christy Natsis, an Ottawa-area dentist, was convicted of impaired driving causing death after a fatal head-on collision in 2011 near Arnprior, Ontario. She received a…

Conway Lawyers Successfully Intervene in R. v. Comeau before the Supreme Court

In a seminal unanimous decision, R. v. Comeau, released earlier today, the Supreme Court of Canada clarified the scope of section 121 of the Constitution Act, 1867.  Section 121, the Court ruled, prohibits measures which, in essence and purpose, restrict the flow of goods across the country. Conversely, measures having incidental effects on trade as part of broader regulatory schemes not aimed at impeding trade do not violate section 121. David…

Three Conway Lawyers recognized in 2018 Canadian Legal Lexpert Directory

Conway lawyers have been recognized in The 2018 Canadian Legal Lexpert® Directory. Lawyers listed in The 2018 Canadian Legal Lexpert® Directory have been recommended by their peers in surveys in their respective practice areas. Three Conway lawyers have been listed: Thomas Conway has been listed as a leading practitioner in the “Litigation – Corporate Commercial Law” and “Litigation – Product Liability” practice areas. Colin Baxter has been listed as a…