Osler Update: Franchisors Facing Class Action Certification Should Consider Summary Judgment Option

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A common contract shared by dozens of individual franchisees may be viewed as a perfect vehicle for class action certification. With amendments made to Ontario’s summary judgment rule, which came into effect in January 2010, there is now another option for franchisors facing class action certification motions. This article relates to the Ontario Superior Court of Justice's December 17, 2010 decision in the TA & K Enterprises Inc. v. Suncor Energy Products Inc. and Suncor Energy Inc. case. The court granted summary judgment to Suncor (the franchisor), ruling that it was entitled to rely on an exemotion from the statutory requirement under Ontario's Arthur Wishart Act to deliver a disclosure document.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jennifer Dolman, Osler, Hoskin & Harcourt LLP | Attorney Advertising

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