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LAW 525 (109)


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Law and Business
LAW 525
Nick Iannazzo

UNIT 2 Labatt’s v. Canada Decision (1979) Definition of special light beer, and the percentage of alcohol LITE beer – federal regulations – LITE beer should have characteristics in terms of percentage of alcohol, Labatt challenged the constitutionality of this law... So charter of rights wasn’t passed yet, so they can’t challenge it based on freedom of expression, so any way it can be challenged, is according to the constitution act of 1867 in this case. The court concluded that s 6 of food and drugs act, s 91 ss(2) to address broad national business issues but cannot come up with law or regulation that applies to one specific industry. But they said trade and commerce cannot be zoned in into one industry, the court did consider the constitutionality of this act in the criminal law power (s 91 ss 27); it doesn’t have any applicable, and there is no basis for the safety, but it was just made for regulation of the way it is made. Federal government cannot justify the way beer is made in the 91 (2), 91 (27), or POGG, this is ultra vires General Motor v. Canada (1989) GM was selling to national tenants (leasing or selling cars), but they were charging a different rate towards different customers. On it’s face, this is a violation of what law? Combines investigation act [old fashion term for the competition act] You cannot engage in price discrimination, they weren’t given the same rate that GM was giving to another company, and they brought an action against GM The idea of bringing a law against them is unconstitutional, this is a federal case It was justifiable under 91 (2) under trade and commerce, deals with national scope of the company; this is a law of general application, this doesn’t single out any sector and applies to all businesses For one business to sue another it’s a civil action [92 ss 13] -> provincial area [property and civil rights] Because it is part of this comprehensive scheme, it will be upheld R. v. Cosman’s Furniture (1976) Court decision deals with the constitutionality of the law Hazardous product act, and the regulation under the HPA, that says businesses can’t sell cribs in Canada, so they have to be made through service specifications Cosman’s furniture was caught selling a crib that didn’t meet this specifications, federal law, was this law valid? On the fact tha
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