PETER LEHMANN WINES LTD v VINTAGE WEST WINE MARKETING INC, 2015 ABQB 481
GRAESSER J
3.15: Originating application for judicial review
Case Summary
The Plaintiff sought Declarations and Orders that would allow it to implement a new agency relationship in Alberta without notification to its former agent for distribution. One of the Respondents to the Application was the Alberta Gaming and Liquor Commission (the “AGLC”). The AGLC’s policies precluded it from recognizing multiple distribution agents for one producer without proper notification. The Plaintiff asked the Court to compel the AGLC to recognize the new agency. The Court stated that such relief is in the nature of Mandamus, which is confined to Judicial Review. Since the AGLC is an agent of the Provincial Crown, under Rule 3.15(3)(b), notice to the Minister of Justice and Solicitor General of Alberta was required. Without such notice Justice Graesser was unable to grant an Order in the nature of Mandamus. The Application was dismissed.
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