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…

The Court of Appeal’s costs formula: deceiving or desirable simplicity?

By Thomas G. Conway and Carmen M. Baru In 790668 Ontario Inc. v. D’Andrea Management Inc., the Court of Appeal held that partial indemnity rates (“PI”) should be calculated by applying a discretionary discount to “substantial/full indemnity” rates (“SI”/”FI”), the “ordinary rule of thumb” being a 1/3 discount. The Court rejected several decisions that calculated PI based on the rates outlined in the Costs Subcommittee’s Information for the Profession (the…

Les avocats de Conway défendent avec succès la conduite d’une municipalité au cours de son enquête sur une plainte de harcèlement

Par Colin Baxter, Anna Turinov et Carmen Baru Dans Levac c. La corporation du village de Casselman, le juge Beaudouin a refusé d’émettre une ordonnance de mandamus enjoignant la Municipalité de Casselman de poursuivre son enquête sur une plainte de harcèlement au travail parce que la réparation recherchée n’aurait pas eu d’effet pratique. Une enquête était déjà en cours, mais elle était en suspens depuis que le plaignant avait pris…