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…

Privacy Breach Class Actions in Ontario – What’s Coming in 2015 (Updated)

By Anna Turinov, Colin Baxter and Carmen Baru Several new class actions for breaches relating to personal information have been commenced or certified in Ontario in 2014.  This continuing trend confirms that the tort of intrusion upon seclusion, also known as invasion of privacy, recognized by the Ontario Court of Appeal in Jones v. Tsige, 2012 ONCA 32 is alive and well, and that exposure to damages for privacy breaches can be significant….

Court clarifies benefit offsets and the relevance of subsequent conduct

By Carmen Baru, Ben Grant and Colin Baxter Conway LLP lawyers recently succeeded in a summary judgment decision regarding the interpretation of long-term disability (“LTD”) insurance policies. The decision applied well-established principles regarding the impact of subsequent conduct on the meaning of a written contract and the purpose and mechanics of offset provisions in long-term disability policies. In Holmes v. Desjardins Financial Security Life Assurance Co., 2014 ONSC 4695, the…

Baxter and Conway Litigation quoted on NDP’s Federal Court challenge to Speaker’s Parliamentary Privilege claims.

Fifty-five NDP MPs representing Quebec electoral districts have escalated the party’s unprecedented Federal Court challenge of internal Commons rulings that NDP MPs contravened House spending bylaws to the tune of tens of thousands of dollars in ineligible expenses for partisan flyers, and possibly hundreds of thousands of dollars in payments for a satellite staff office in Montreal. The MPs, all but two members of the current NDP Quebec caucus, fired…