Unique Circumstances in Litigating Franchise Class Actions

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This paper was presented at the Canadian Institute's 12th Annual National Forum on Class Actions Litigation held in Toronto on September 21-22, 2011 and was written with David Sterns and Stuart Freen of Sotos LLP and Geoff Grove of Osler, Hoskin & Harcourt LLP. The paper discusses the current state of franchise class proceedings; the unique relationship between franchisor and franchisee; the nature of typical franchise disputes that give rise to class proceedings; the test for certification in the franchise context; benefits of class proceedings from the franchisee perspective; the availability of summary judgment; avenues for avoiding class proceedings altogether; settlement of class proceedings; and practical considerations for franchisor and franchisee counsel.

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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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