COURT OF QUEEN'S BENCH OF ALBERTA STEAM WHISTLE BREWLNG INC.

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Brittany Adams
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1 FILE NUMBER FILE NUMBER OF QUEEN'S BENCH OF STEAM WHISTLE BREWLNG INC. HER MAJESTY THE QUEEN IN RIGHT OF as represented by the GAMLNG AND LIQUOR COMMISSION OF QUEEN'S BENCH OF GREAT WESTERN BREWING COMPANY LTD. HER MAJESTY THE QUEEN IN RIGHT OF as represented by the GAMING AND LIQUOR COMMISSION INFORMATION OF PARTY FILING THIS ORDER #1700,421-7 th Avenue SW Calgary, AB T2P4K9 Attention: Andrew E. Stead Telephone: Facsimile: File Number: ! hereby certify this to b a true copy o< the original OfcXfis dated this 2H$afotiho. 2o 4 for CfeW of th DATE ON WHICH ORDER WAS PRONOUNCED: November 8, 2016 NAME OF JUSTICE WHO MADE THIS ORDER: LOCATION OF HEARING: Justice Earl C. Wilson Calgary Courts Centre

2 . 7 - UPON reading the applications of Steam Whistle Brewing Inc. ("Steam Whistle") and Great Western Brewing Company Inc. ("GWB"); AND UPON having read the evidence, both filed and presented to the court to be filed; AND UPON hearing from counsel for all parties; IT IS' HEREBY ORDERED THAT: 1. the AGLC is enjoined from applying the August 5, 2016 Mark-up to Steam Whistle's product pending the determination of Steam Whistle's challenge under section 121 of the Constitution Act, 1867 in action ; 2. the AGLC shall continue to apply the March 27, 2015 Mark-up to Steam Whistle's product pending the determination of Steam Whistle's challenge under section 121 of the Constitution Act, 1867in action ; 3. the AGLC is enjoined from applying the August 5, 2016 Mark-up to GWB's product pending the determination of GWB's challenge under section 121 of the Constitution Act, 1867 in action ; 4. the AGLC shall continue to apply the October 28, 2015 Mark-up to GWB's products pending the determination of the GWB's challenge under section 121 of the Constitution Act, 1867 in action ; 5. the Applicants are free to advance arguments regarding section 53 of the Constitution Act, but the injunctions herein are not granted on that basis; 6. the Applicants shall undertake to compensate the Respondent for damages under the circumstances and in the manner set forth in the signed Undertakings for Damages ^g_ attached to this order; /p A..,A^J-V U 7. Justice E.C. Wilson is seized with any further interlocutory applications in these actions! 8. Justice E.C. Wiison is disqualified from determining the constitutional issues in these actions; 9. the constitutional issues in these actions shall be heard on June 22 and 23, 2017, with such dates being adjourned only if: a. counsel are ill and replacement counsel cannot attend; or b. court facilities are unavailable on those dates; 10. the trial coordinator shall designate June 21, 2017 as a reading day for the Justice who presides over the constitutional issues in these actions;

3 11. costs of the injunction applications are reserved to be spoken to before the Justice who presides over the constitutional issues in these actions; 12. this order may be approved as to form and content electronically and in counterparts. v E.C. Wilson, J. AGREED AS TO FORM AND CONTENT BY: JUSTICE AND SOLICITOR GENERAL Pen Andrew E. Stead Counsel for the applicant Sean McDonough/Trent Kulchar Counsel for the respondent MacPHERSON LESLIE & TYERMAN LLP Douglas C. Hodson, Q.C. Counsel for Great Western Brewing Company Inc., applicant in Action No

4 FILE NUMBER OF QUEEN'S BENCH OF GREAT WESTERN BREWING COMPANY LTD. HER MAJESTY THE QUEEN!N RIGHT OF AS REPRESENTED BY THE GAMING AND LIQUOR COMMISSION UNDERTAKING FOR DAMAGES Clerk's Stamp INFORMATION OF PARTY FILING THIS MacPherson Leslie & Tyerman LLP Barristers and Solicitors 1600 Centennial Place 520-3rd Avenue S.W. Calgary, Alberta T2P0R3 Phone: (306) /(403) Fax: (306) /(403) Attention: Douglas C. Hodson, Q.C/Jonathan J. Bourchiar File: Interim relief having been granted to the Applicant, Great Western Brewing Company Ltd. ("Great Western"), Great Western hereby undertakes that if it is subsequently determined that the interim injunction herein should not have been granted, or the within Originating Application is subsequently dismissed, Great Western shall pay the Respondent the difference between the October 28, 2015 Mark-up and the Mark-Up that otherwise would have applied to Great Western's product during the interim injunction granted herein. Dated at the City of Saskatoon, in the Province of Saskatchewan, this **_ day of November, 2016, Great Western Brewing Company Ltd. Print Name: Michael Micovcin.

5 FILE NO. INFORMATION OFPARTY FILING THIS OF QUEEN'S BENCH OF STEAM WHISTLE BREWING INC. HER MAJESTY THE QUEEN IN RIGHT OF as represented by the GAMING AND LIQUOR COMMISSION UNDERTAKING AS TO DAMAGES 1700,421-7* Avenue S.W. Calgary, AB T2P4K9 Attention: Telephone: Facsimile: File No. Andrew E. Stead (403) (403) Clark's Stamp STEAM WHISTLE BREWING INC. ("Steam Whistle"), hereby undertakes that if it is subsequently determined that the interim injunction herein should not have been granted, or the within Originating Application is subsequently dismissed, Steam Whistle shall pay the Respondent the difference between the March 27,2015 Mark-up and the Mark-Up that otherwise would have applied to Steam Whistle's product during the interim injunction granted herein. This undertaking is signed by a duly authorized signatory of Steam Whistle. DATED at the City of Toronto, in the Province of Ontario, this /v^f/mjoe Z. day of STEAM WHISTLE3REWING INC. Witness Pen Greg Taylor Co-Fopnder and Director LEGAL.2S330O97 1

- 2 - on August 7, 2014 (the Receivership Order ), applies for an order, substantially in the form attached as Schedule A hereto:

- 2 - on August 7, 2014 (the Receivership Order ), applies for an order, substantially in the form attached as Schedule A hereto: 1. If necessary, abridging the time for service of this Application and