Unfiltered Brewing is launching a lawsuit against the Nova Scotia's Liquor Corporation over what the north end microbrewery calls an “unconstitutional tax” levied against it.
According to court documents filed today, Unfiltered is alleging that NSLC has been unfairly charging the brewery $0.50 a litre for its beer sales since the brewery/bar opened last year. That's resulted in monthly payments of roughly $2,000 (according to Unfiltered's legal documents) delivered to NSLC as part of the liquor corporation's “Retail Mark-Up Sales Allocation.”
But Unfiltered doesn't sell beer through any NSLC stores, or "use or receive any service" provided by NSLC. The brewery operates solely out of its location at 6041 North Street.
“They are making us give them money, but not providing us with a service,” says Andrew Murphy, co-owner of Unfiltered.
Murphy says NSLC also hasn't provided him with any written legal legislation proving its right to impose the tax.
Cox & Palmer lawyer Richard Norman approached Unfiltered about the mark-up, after following a similar case in Ontario. Murphy says Norman has searched all of the distributor's legislation and cannot find the mark-up policy outlined.
The brewery's notice of application calls the fee an "unconstitutional tax" and asks for a court order for NSLC to return any money it has collected from Unfiltered.Below are the court documents, released by Unfiltered this afternoon.
So: we’re suing the NSLC. (We didn’t want, but they wouldn’t discuss the matter.) (1/2) pic.twitter.com/vuwahePenu
— Unfiltered Brewing (@unfilteredbrews) August 15, 2016
None of these claims have been proven in court, and NSLC has yet to respond to the motion.
