This article first appeared in the December 2011 issue of LJN’s Franchising Business & Law Alert. It discusses the treatment of class action waivers in commercial agreements (including franchise agreements) in the US and Canada. It refers to the US case of AT&T Mobility LLC v. Concepcion et ux.,131 S. Ct. 1740 (2011) as well as the following Canadian cases: 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corp., (2008), 89 O.R. (3d)252 (overturned on other grounds), Seidel v. Telus Communications,2011 SCC 15 and 405341 Ontario Limited v. Midas Canada Inc.,2010 ONCA 478.
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