Authorities referred to
Facey, Brian A., and Dany H. Assaf, Competition and Antitrust Law: Canada and
the United States, 4th ed. (Toronto: LexisNexis, 2014)
Mysicka, Robert, “The Regulated Conduct Doctrine” (2011), 24:1 Can. Competition L. Rev. 18
Trebilcock, Michael, “Regulated Conduct and the Competition Act” (2004), 41
Can. Bus. L.J. 492
APPEAL by the plaintiffs from the order of Perell J.,  O.J.
No. 1394, 2018 ONSC 1723 (S.C.J.) for summary judgment dismissing the action; and from the costs order,  O.J. No. 4253,
2018 ONSC 4862 (S.C.J.).
Paul Bates, Linda Visser and Tyler Planeta, for appellants.
Kent Thomson, Matthew Milne-Smith and Michael Lubetsky,
for respondent Liquor Control Board of Ontario.
Michael Eizenga, Ranjan Agarwal and Ilan Ishai, for respondent Brewers Retail Inc.
Jeff Galway and Nicole Henderson, for respondent Labatt
Brewing Company Limited.
Adam Ship, for respondents Molson Coors Canada Inc. and
Molson Canada 2005.
Michael S. Dunn and Ravi Amarnath, for intervenor Attorney
General of Ontario.
Aaron Dantowitz and Justin Safayeni, for Law Foundation of
The judgment of the court was delivered by
PARDU J.A.: —
 Following summary judgment motions that were heard over
four days, the motion judge dismissed the appellants’ proposed
 The appellants are an individual beer consumer and the
licensed restaurant he operates. In their action, the appellants
took issue, first, with a “Framework Agreement” between the
respondents, the Liquor Control Board of Ontario (“LCBO”, the
“Board”) and Brewers Retail Inc., signed on June 1, 2000, which
they allege violated s. 45(1) of the Competition Act, R.S.C. 1985,
c. C-34; and, second, with a surcharge that Brewers Retail Inc.
levied on licensees (essentially, persons such as restaurants and
pubs licensed under the Liquor Licence Act, R.S.O. 1990, c. L.19
to sell beer), which they allege violated the the Liquor Control
Act, R.S.O. 1990, c. L.18.
 The appellants’ claim arising out of the Framework Agreement requires a consideration of what is known as the “regulated