Gillian Scott

Gillian Scott

Osler, Hoskin & Harcourt LLP

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Latest Publications


Québec Court of Appeal Decision Results in Significant Victory for Franchisors

In a victory for franchisors, the Québec Court of Appeal confirmed the application of the doctrine of the indivisibility of contracts in a franchise context, supporting significant retroactive royalty awards for breaches of...more

6/4/2014 - Appeals Breach of Contract Canada Franchise Agreements Franchises Royalties

Franchise Review - Oct 2013: Franchising in the Courts

Apblouin Imports Ltd. v. Global Diaper Services Inc.: Reminder to Franchisors of the Importance of Strict Compliance with Disclosure Requirements - In Apblouin Imports Ltd. v. Global Diaper Services Inc., the Ontario...more

10/11/2013 - Class Action Disclosure Requirements Franchises Franchisors Good Faith Settlement

No More Room at the Counsel Table: Québec Appeal Court Rejects Intervenor Status for Canadian Franchise Association in the Dunkin’...

In a decision released on May 10, 2013, Justice Gascon of the Québec Court of Appeal dismissed the Canadian Franchise Association’s (CFA’s) motion for leave to intervene in ongoing proceedings between Dunkin’ Brands Canada...more


Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period

The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have “an unassailable right to speak out in opposition to the...more

5/7/2013 - Canada Class Action Class Certification Opt-Outs

Franchising in the Courts - April 2013

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc.: The Applicability and Limits of the Duty of Good Faith - Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. 2012 ONSC 73511 (Moore Case) reaffirms key...more

4/8/2013 - Canada Covenant of Good Faith and Fair Dealing Franchise Agreements Pharmacies

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