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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