Law Times

LAW TIMES 6 COVERING ONTARIO'S LEGAL SCENE | MARCH 4, 2019 www.lawtimesnews.com COMMENT W ith the clock ticking down before the April 30 election for benchers for the Law Society of Ontario's next Convocation, Law Times has been looking hard at differ- ent issues facing the profession. In the lead-up to the election, we asked readers to f lag different issues of concern to us via so- cial media, through the hashtag #BencherElection2019. Looking at a series of posts by Cornwall lawyer Michele Allinotte, we saw a lawyer who was very open about some of the challenges faced by sole practitioners. Her remarks were echoed by many others I have encountered — either those I have met in person or those whose experiences are explored in cover- age by this newspaper — that the realities of practising law in a large firm context is worlds away from those who are practising on their own or in small firms. "I have felt for my entire ca- reer a disconnect between my colleagues in larger firms in To- ronto (and sometimes in larger cities like Ottawa or Hamilton as well). Your experience of the practice of law is not necessarily the same as mine," said Allinotte. Candidates for the role of bencher responded to Allinotte's very frank take, and we've in- cluded some of their responses in this issue, as part of a wider dis- cussion on some of the financial, logistical and emotional pres- sures that come with being a sole practitioner or at a small firm. These issues may intensify yet. "We've got this wave of new lawyers, in particular, and a lot of them are starting up on their own. Having been successful in having their call to the bar, they cannot get positions and are go- ing to have to set up their own firms," candidate Barbara Hen- drickson told Law Times. "This is going to become an increasingly important issue." Through my conversations with people about Law Times' own dedicated election site, bencherelection.ca, it's been heartening to hear why some candidates have chosen to run and have taken time away from their busy practices. So far, we have nearly 50 can- didate profiles, where we ask lawyers and paralegals who are running about what their top priorities are and where they stand on issues such as the LSO's Statement of Principles. I en- courage you to read and review them and to engage with can- didates on the issues that are of importance to you. LT BY IAN HARVEY T heoretically, at least, spring is on its way and that means shorts, sandals, sunglasses, beer and BBQs. It also means the annual Budget Act is almost upon us, which, strangely enough, brings us back to beer. Beer and wine in supermarkets ap- peared in 2017 and now there are 350 grocery stores across Ontario selling beer and cider, 70 of which are selling wine with a target of 450. And soon, perhaps this summer, they will sell in convenience stores as well. The Conservatives promised to bring beer and wine to corner stores last spring and have repeated their commitment while the Ontario Convenience Stores Association and the Ontario Craft Brew- ers have lobbied to remind them. Make no mistake, this is ultimately a battle to dismantle the monopoly of the Beer Store, which maintains a vice-like grip on beer in Ontario, including limit- ing the number of grocery stores selling beer to 450 locations under the Master Framework Agreement, which expires in 2025. It could ultimately see the Conserva- tives amend and repeal legislation and regulations rooted back to the 1927 Liquor Control Act — and its inherent Prohibition Era legacy — and trigger a host of regulatory changes under the Liquor Licence Act of Ontario. And while beer sales have trended f lat over the last de- cade, the craft segment out- performs, growing at 20 per cent year over year, says Kevin Meens, director of develop- ment at Cool Brewing Com- pany in Toronto. Buck-a-beer was a symbolic shot across the Beer Store bow and, although it's not widely popular, Cool, and more recently, Loblaws, are both offering their suds in that category. It's all good so far, says Scott Simmons of the Ontario Craft Brewers. "The Ford government has cancelled two scheduled tax hikes and expanded hours for sales. This will help both im- prove access and keep beer prices afford- able, which is a key priority for OCB," says Simmons, who welcomed buck-a-beer last fall. He also says the OCB is "excited by the prospect of upcoming alcohol reforms; Ontario has some incredible craft beers, but the current re- tail system often makes it too hard to buy them." It's a point Meens echoes, saying it goes beyond buck- a-beer and grocery or conve- nience stores — it's about how the alcohol retail system is set up in Ontario. "In Ontario, a customer or- ders through the LCBO and they check it and ship it and invoice them before delivery," he says. "We get paid 90 days later. It just adds a middle man and adds cost." The difference in Quebec is that there are three levels of sales — wholesale, dis- tributor and retail, each with their own price point. "I can approach a retailer directly and ship to them in Quebec," he says, but he adds that the downside is a four-per-cent occurrence of bad debts, which admit- tedly doesn't happen in Ontario. The other issue for small brewers is that it's not always economical to pay the Beer Store a fee to stock their products, and they are limited in the sales they can generate from their on-site retail stores. Selling through the LCBO also trig- gers a fee, says Meens, so the ideal situ- ation would be for brewers to sell their own products and those of other micro- breweries not listed at the Beer Store in a collaboration. He and other brewers will be watching closely for the kind of legislative and reg- ulatory change that they say will open up the beer market, such as allowing brewers to set their own prices, giving a discount at their own breweries to pass on savings for not having to go through the LCBO or Beer Store, cross-selling other brew- ers' products at each others' sites, cutting the levies imposed at the brewery and re- thinking LCBO service costs, especially for small operators. The trick for Ford and Co. will be to execute all that while not drying up their revenue stream and triggering a tsunami of lawsuits from the Beer Store, associated unions and the other global players in the beer sector. LT Ian Harvey has been a journalist for more than 42 years, writing about a diverse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. Beer wars brewing? Editorial Obiter Gabrielle Giroday Gabrielle.Giroday@thomsonreuters.com ©2019 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. 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