David P. Taylor joins Conway Baxter Wilson LLP

David Taylor is joining us from Power Law, where he practiced civil litigation with an emphasis on public law, appellate advocacy and minority rights. David graduated from the Schulich School of Law at Dalhousie University in 2012, where he won the gold medal. He clerked at the Supreme Court of Canada, and was called to the bars of Ontario and British Columbia in 2013. He practices in English and French….

Thomas Conway and Owen Rees again recognized as “Best Lawyers”

Congratulations to our colleagues Thomas Conway and Owen Rees, who are recognized in the 2018 edition of The Best Lawyers in Canada, an annual peer-review publication of outstanding lawyers. Tom is recognized for his work in Corporate and Commercial Litigation. Owen is recognized for his work in Administrative and Public Law, and Appellate Practice.

Conway Lawyers Successfully Challenge Alberta Beer Mark-Ups in Interprovincial Trade Dispute

A dispute resolution panel under the Agreement on Internal Trade has found that certain mark-ups charged by the Alberta government on beer sold in Alberta contravened the province’s obligations under the Agreement on Internal Trade (AIT). The measures at issue were introduced in October 2015 (see previous post), and imposed higher mark-ups on beer produced in certain provinces than beer produced in Alberta. In August 2016, Alberta announced that an…

Thomas G. Conway to Receive Honorary Degree from LSUC

Conway Baxter Wilson LLP is pleased to announce that Thomas G. Conway will receive a degree of doctor of laws, honoris causa (LL.D.) from the Law Society of Upper Canada at its call to the bar ceremony on Friday, June 23, 2017. The Law Society grants honorary degrees in recognition of outstanding achievements in service and benefits to the legal profession, the rule of law or the cause of justice….

Provinces Announce Sweeping New Trade Deal

This afternoon, the provinces and the federal government announced the establishment of a new interprovincial trade deal. On July 1, 2017, the Canadian Free Trade Agreement will replace the Agreement on Internal Trade. Most notably, the Canadian Free Trade Agreement aims to remove trade barriers across all sectors unless specifically excluded. This marks a major change from the existing Agreement on Internal Trade, which is limited to the sectors specifically…

Conway Lawyers Successfully Defend the Open Court Principle

Conway lawyers Colin S. Baxter and Benjamin L. Grant successfully defended the open court principle in a recent case before the Federal Court of Canada.1 The case focused on the right of the media to access the records of Courts Martial, special courts established for members of the Canadian Armed Forces. The case arose from the efforts of a CBC journalist to investigate the prosecution of sexual assault in the…

Remedies for private parties in the Agreement on Internal Trade

The Agreement on Internal Trade, signed in 1994 by Canada’s provinces, territories, and federal government, aims at promoting trade between provinces. Provincial, territorial, and federal governments have amended the AIT several times since its inception. The AIT now allows individuals and companies to challenge the actions of Canadian governments as inconsistent with AIT obligations. This post will outline the basic shape and steps of such a challenge. This post will…

Federal Court of Appeal Affirms PMPRB’s Consumer Protection Mandate

By David K. Wilson and Anna Turinov The Federal Court of Appeal has unanimously ruled that a drug company does not have to own a patent to be subject to the consumer protection mandate of the Patented Medicine Prices Review Board (“PMPRB” or “Board”).  Canada (Attorney General) v. Sandoz Canada Inc., 2015 FCA 249, holds that a “patentee” within the authority of the PMPRB can include companies exercising rights under a…

Trouble Brewing? Alberta’s beer markup and the AIT

If you are a small brewer from Central or Eastern Canada, it just became a lot more expensive to sell beer in Alberta. Alberta’s government announced significant changes to the tax charged on beer sold in the province (known as the “liquor markup”). Among other changes, which came into effect October 28, 2015, Canadian brewers from provinces other than British Columbia, Alberta, and Saskatchewan lost the benefit of the small brewer…