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Adam Ship McCarthy Tétrault LLP

Results 6 to 10 of 19



Obtaining a release when a franchise has gone sour *

Canada - May 10 2012
In March, the Ontario Superior Court of Justice released its decision on a motion for summary judgment in Dodd v. Prime Restaurants of Canada.

Co-authors: Jane Langford, Tyler McAuley.


Ontario court releases comprehensive and instructive decision in franchise class action proceeding *

Canada - March 2 2012
In one of the most comprehensive decisions to date on a motion for certification of a class proceeding by franchisees against their franchisor, and on a motion for summary judgment by the franchisor to defeat those claims, the Ontario Superior Court, in Fairview Donut Inc. v. The TDL Group Corp., has provided some reassurances to franchisors when making important system-wide changes to their franchise networks.

Co-authors: Madeleine Renaud, Thomas N.T. Sutton, Jane Langford, Marilyn Leblanc.


Onca to consider application of deemed undertaking rule to producing-party’s own lawyer *

Canada - February 15 2012
In Sobeski v. Mano, now on appeal to the Ontario Court of Appeal, Justice Perell heard a motion by a defendant in a defamation action for relief from the deemed undertaking rule.


OCA to consider jurisdiction of Superior Court over construction-related claim against municipality *

Canada - January 11 2012
The OCA will soon decide whether the Ontario Superior Court, as opposed to the Ontario Municipal Board, has jurisdiction over a claim by a class of failed businesses against a municipality for damages flowing from a local construction project.


Ontario court considers franchise disclosure obligations when right of first refusal is triggered *

Canada - January 10 2012
A recent decision of the Superior Court of Justice, 3574423 Canada Inc. v. Baton Rouge Restaurants Inc., provides guidance on statutory disclosure obligations in situations when the right of first refusal (ROFR) over a new location is triggered.

Co-authors: William D. Black, Jane Langford.


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