On July 4, 2017, the Ontario Court of Appeal dismissed the appeal by the Representative Dealer in a franchise class action commenced against General Motors Canada Ltd. (“GM”) relating to the restructuring of its dealer network in 2009. The Court focused on the narrow issue of whether the release and related wind down agreement which members of the dealer class signed was enforceable, thereby barring the class action. Since the Court found that the release was indeed enforceable, the claim was barred and the Court had no need to consider the other issues raised by the dealers on … Continue Reading
On McCarthy Tétrault LLP’s Canadian Appeals Monitor blog, Laurie Baptiste recently published a helpful discussion of the Ontario Court of Appeal’s decision in Ramdath v George Brown College, which will be of interest to readers of the Consumer & Retail Advisor blog. This is a significant case arising from the intersection of class actions and consumer protection legislation which manufacturers and distributors of consumer products and services should be aware of. The overall result of the case is an expansion of the application of consumer protection legislation and a lowering of the bar for recovery for unfair business practices, … Continue Reading
The recent decision of the Ontario Court of Appeal in 1250264 Ontario Inc. v. Pet Valu Canada Inc., 2016 ONCA 24 clarifies and narrows the scope of the duty of good faith and fair dealing imposed on franchisors under section 3 of the Arthur Wishart Act (Franchise Disclosure) (“AWA”) and expressly cautions against zealous judicial intervention in the framing and amendment of common issues in class action proceedings.
Read more in the original post by our colleagues at Canadian Appeals Monitor, McCarthy Tétrault’s blog focusing on information and commentary on upcoming and recent Appeal Court decisions.… Continue Reading
The recent common issues trial in Trillium Motor World Ltd. v. General Motors of Canada Ltd. contains some interesting lessons for future cases involving system changes, in particular the court’s recognition that challenges to franchisor decisions on system-wide issues must be examined through the lens of “commercial reality”. Below is a link to a short article which provides a concise discussion of this case.