In an unprecedented decision, Justice Tingley of the Quebec Superior Court held that the Dunkin’ Donuts franchisor in Quebec fundamentally breached its franchise agreements with its Quebec franchisees by failing to adequately support its brand and stem the tide of the “Tim Hortons phenomenon” in that province. In the decision, Justice Tingley held that the franchisor’s failure to protect the brand was enough to support the franchisees’ claim of fundamental breach of their franchise agreements, and that brand protection is “an ongoing, continuing and successive obligation” of the franchisor.