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


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.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.