Law Times

Page 10 July 8, 2013 Law Times • Focus On Legal Specialists & Boutiques Heavily regulated sector offers niche practice area for lawyers who love wine BY MICHAEL McKIERNAN For Law Times A lexandra Mayeski has turned a passion into a career niche by setting up shop in the burgeoning wine region of Prince Edward County, Ont. The former Bay Street litigator bought a property on the peninsula, about halfway between Toronto and Ottawa, in 2008, a year after the Vintners Quality Alliance of Ontario officially recognized the uniqueness of its grapes with an appellation, the group's label for distinctive wine areas. Then earlier this year, Mayeski and her husband made the move permanent, transitioning from weekenders to residents of Prince Edward County, and embracing the local culture as they did. "We've got a very small test plot, with about 300 vines, and we'll have the first vintage coming off this fall," says Mayeski. "The whole business of the wine industry has always interested me. The vineyard work and the tractor is more my husband's end of things. I think he just wanted the excuse to buy one." With a hodgepodge of agencies and law to navigate at both the provincial and federal levels, the wine industry seems a good fit for lawyers. But few of them are able to sustain a practice in the area. "The industry is so heavily regulated. There's the LCBO [Liquor Control Board of Ontario], the AGCO [Alcohol and Gaming Commission of Ontario], the VQA," says Mayeski, listing a sample of the sector's myriad acronyms. "Unfortunately, it's a very fragmented industry, largely because of the trade laws and the regulatory scheme in place." Canada's successful wine industry faces The proliferation of small plethora of rules and regulations. outfits lacking in blockbuster legal budgets limits the amount since I left Bay Street. Workof work available, according to ing at Bay Street prices, there Mayeski. Indeed, wine law is only were only certain wine industry one facet of the newly founded stakeholders that I could realisMayeski Law Professional Corp., tically work with." the firm where she also provides While at Heenan Blaikie LLP litigation services in employment, in Toronto, Mayeski was involved professional negligence, privacy, in researching potential world and estates cases. trade issues arising from cheap "It's certainly an area that's imported wine on the Ontario growing for me, especially since I market. But her practice has since moved here," she says. moved closer to the ground as she "I'm looking to grow it more, focuses more on the day-to-day and that's gotten a lot easier issues faced by market players. Let us open the right door for you We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law firm situated in the heart of Toronto. We are comprised of eleven lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 Kuretzky_LT_July11_11.indd 1 www.lawtimesnews.com 7/5/11 3:32:01 PM Mark Hicken, a Vancouver lawyer who specializes in wine law, says many people were surprised to learn that the prohibition against shipping wine across provincial borders even existed before Bill C-311 removed it. "Can you imagine telling someone in Paris that it's illegal to import from Bordeaux? You'd get some looks," he says. Hicken says other provinces, such as British Columbia and Manitoba, have taken a much more relaxed attitude to online wine orders but he has doubts about the LCBO's jurisdiction to block them. a number of challenges, including a "I don't see how they can Photo: Alexsvirid/Shutterstock have the legal authority to say it's OK to personally bring back She has advised wineries on trade, land planning, and marketing is- a case but not to have it shipped in sues, and provides legal updates the absence of any statute or reguas a professional affiliate of Brock latory authority to do that," he says. "It's a bit of a muddy mess for University's Cool Climate Oenolconsumers when they look and ogy and Viticulture Institute. Mayeski pins the blame for see regulations saying they can't stuttering growth in the Canadi- and wineries saying it's somean wine industry on the Prohibi- times fine. It would be nice if the tion-era Importation of Intoxi- liquor boards realize this is all in cating Liquors Act, the 1928 law aid of promoting the Canadian at the root of alcohol regulation wine industry." And with Conservative in the country. "It's an archaic system, and Leader Tim Hudak promising to I think the time is right for make alcohol in corner stores an change. . . . Not only are winer- election issue in the next provinies regulated, but consumers are cial poll, Hicken warns persistent regulated, too, which makes it intransigence from the LCBO very hard to effectively market could lead to more questions products. But times are chang- over its very existence. "These kinds of hardline attiing, and I think for the good." Last summer, Parliament tudes and refusal to reform things, unanimously passed Bill C-311, a which really are just common private member's bill that amend- sense, does create problems. If I ed the act to allow individuals to was sitting on the other side, at a move wine from one province liquor board, I would be advising to another for personal use. Na- them to soften up a bit if you want tional Revenue Minister Gail Shea to maintain your place in the dishailed the move at the time. "This tribution system. If you're not gois a positive step towards reducing ing to give an inch from a system interprovincial trade barriers and designed 80 years ago, it tends to promoting jobs and growth in the invite legal challenges and people get very frustrated if there's no wine industry," said Shea. "Eliminating the federal restric- movement at all." In fact a constitutional chaltions that limit Canadians from transporting wine across provin- lenge is already in the works cial borders will encourage Cana- against the federal act. It arises out dians to visit our wine regions and of a privacy complaint against the support the development of our LCBO's collection of personal information from wine club memworld-class wine industry." Mayeski agrees that Bill C-311 bers making wine orders through was "great for wine tourism" but the agency. In February, Ontario says the LCBO's restrictive ap- privacy commissioner Ann Caproach to the new law may limit voukian ordered the LCBO to its benefit. The provincial regula- destroy any personal information tor issued a policy statement that collected on members except for permits Ontarians to transport individuals who picked up the nine litres of wine for personal orders after members of Toronto's use but requires them to carry it Vin de Garde wine club objected across the border "on their per- to the practice. "I am not satisfied that the son," something that appears to rule out online orders from out- LCBO has established that the See Federal, page 11 of-province wineries.

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