LAW 525 Lecture Notes - Implied Warranty, Consumer Protection, Labatt Brewing Company
11 Feb 2014
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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. Federal government cannot justify the way beer is made in the 91 (2), 91 (27), or pogg, this is ultra vires. Gm was selling to national tenants (leasing or selling cars), but they were charging a different rate towards different customers. Combines investigation act [old fashion term for the competition act]
