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Please find below our summaries of the civil decisions of the Court of Appeal for Ontario.

In Hughes v. Liquor Control Board of Ontario, the Court affirmed a motion judge’s dismissal of a proposed class action against the LCBO stemming from an agreement between the LCBO and Brewer’s Retail which provided terms for the sale of beer in Ontario. The appellants alleged that the agreement violated the Competition Act and that a surcharge levied on restaurants violated the Liquor Control Act. The Court found that amendments to the Liquor Control Act had retroactive effect, such that the regulated conduct defence applied. The Court then found that there was no need to perform statutory interpretation on the Liquor Control Act to determine if the surcharge was a violation, because the Government of Ontario changed the Liquor Control Act retroactively to authorize the price differential.

Continue Reading BLANEY’S APPEALS: ONTARIO COURT OF APPEAL SUMMARIES (APRIL 15 – 18, 2019)