TORONTO, July 30, 2018 /CNW/ - Rochon Genova LLP today announced the filing of a proposed class action in Calgary, Alberta, against the Government of Alberta and the Alberta Gaming, Liquor and Cannabis Commission in respect of the sale of out-of-province beer in Alberta.
The claim arises from allegedly unlawful mark-ups and rebates implemented by the Alberta government in 2015 and 2016, which applied to the sale of craft beer manufactured outside the province. The claim alleges that these measures unlawfully discriminate against out-of-province craft brewers, their agents as well as Alberta bars and restaurants and consumers who purchase out-of-province craft beer in Alberta. These measures have previously been held to contravene the Agreement on Internal Trade (AIT) and were held to be unconstitutional by the Alberta Court of Queen's Bench.
Ron Podolny, partner at Rochon Genova LLP in Toronto, commented: "In this time of rising trade tensions among provinces and internationally, it is important to uphold the cornerstone Canadian constitutional principles concerning free trade. Provinces are not permitted to enact protectionist policies that favour their domestic industries over competitors from other provinces. Goods manufactured in one province must be permitted to be sold in another, free of discrimination. When these principles are violated by governments, and artificial internal trade barriers are erected, Canadians who have suffered resulting financial harm deserve compensation."
The proposed class action has been brought on behalf of all persons who imported craft beer manufactured in another province into Alberta, as well as all residents of Alberta who purchased out-of-province craft beer in Alberta.
SOURCE ROCHON GENOVA LLP
For further information: please contact Ron Podolny at [email protected]