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Consumer & Retail Advisor

Dunkin’ Donuts: The Supreme Court of Canada puts an end to the saga

Posted in Franchising, Litigation
Adam ShipAnne-Marie NaudHelen FotinosAnne-Elisabeth Simard

On March 17, 2016, the Supreme Court of Canada (“SCC”) dismissed the Dunkin’ Brands Canada Ltd.’s application for leave to appeal from the judgment rendered by the Québec Court of Appeal on April 15, 2015.

By dismissing the application for leave, the SCC determined that it would not review the Québec Court of Appeal decision which, notably, ruled that the obligations to enhance and protect the brand are implicit to franchise agreements. A more detailed analysis of this decision is available in our previous publication.

As is customary, the SCC did not provide its grounds for dismissing the application for leave and therefore, the reasons that founded the SCC’s decision remain unknown.