A team of lawyers at Stewart McKelvey led by David Farrar, Q.C., argued the matter successfully. The decision follows the submissions made on behalf of Sobeys. The result of this decision is that regulations enacted pursuant to the Retail Business Uniform Closing Day Act are invalid and of no force and effect. These regulations were found discriminatory against Sobeys and an intervenor, Atlantic Wholesalers Ltd., on the basis of the size of retail outlets or corporate structure. In other words, retail grocery stores were not being treated equally. There was no level playing field.
Please download a copy of the client update.