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Court of Appeal dismisses Canadian Franchise Association's motion to intervene in the Dunkin’ Donuts matter

Fasken Martineau DuMoulin LLP
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Canada
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May 17 2013

The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin'

Intra-class debate permissible during opt-out period: 1250264 Ontario Inc v Pet Valu Canada Inc

Bennett Jones LLP
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Canada
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May 7 2013

On May 3, 2013, the Ontario Court of Appeal released its decision in 1250264 Ontario Inc v Pet Valu Canada Inc, which addresses the propriety of

Ontario Court of Appeal provides guidance on the definition of "franchisor’s associate"

McCarthy Tétrault LLP
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Canada
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May 6 2013

A recent decision of the Court of Appeal for Ontario (ONCA) helps define the concept of "control," as it relates to the definition of a "franchisor's

Ontario Superior Court sets aside class action opt-outs

Aird & Berlis LLP
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Canada
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April 30 2013

In a decision of the Ontario Superior Court of Justice released on July 27, 2012, the Honourable Justice George Strathy set aside various opt-out

Zwaniga v. Johnvince Foods: a warning against improperly naming defendants as “franchisor’s associates”

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a proposed class action against one of

New York Fries: court awards $500,000 against franchisees for defamation

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

In November 2012, the Ontario Superior Court of Justice granted default judgment and awarded $500,000 against former franchisees who had defamed New

Fabutan: renewal, termination and the duty of good faith

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do not mix. This case

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc.: the applicability and limits of the duty of good faith

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. 2012 ONSC 73511 (Moore Case) reaffirms key principles in the application of the duty of good

A message to franchisors: “mind your brand”

Robinson Sheppard Shapiro
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Canada
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March 6 2013

An expensive lesson for a large franchisor operating in Quebec was learned earlier last year. In the decision Bertico Inc. et al v. Dunkin' Brands

The Superior Court refused to issue an interim injunction to prevent the operation of a restaurant, which would violate the non-competition and the "disidentification" obligations under a franchise agreement

Dentons
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Canada
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February 25 2013

The petitioner was acting as a franchisor for the respondent franchisee, 2639-6564 Québec Inc. to operate the restaurant La Cage aux sports located

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Court of Appeal dismisses Canadian Franchise Association's motion to intervene in the Dunkin’ Donuts matter

Intra-class debate permissible during opt-out period: 1250264 Ontario Inc v Pet Valu Canada Inc

Ontario Court of Appeal provides guidance on the definition of "franchisor’s associate"

Ontario Superior Court sets aside class action opt-outs

Zwaniga v. Johnvince Foods: a warning against improperly naming defendants as “franchisor’s associates”

New York Fries: court awards $500,000 against franchisees for defamation

Fabutan: renewal, termination and the duty of good faith

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc.: the applicability and limits of the duty of good faith

A message to franchisors: “mind your brand”

The Superior Court refused to issue an interim injunction to prevent the operation of a restaurant, which would violate the non-competition and the "disidentification" obligations under a franchise agreement

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