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
In the recent decision of Cellular Baby Cell Phones Accessories Specialist Ltd. v. Fido Solutions Inc., 2017 BCCA 50 the BC Court of Appeal held that the long delay in the exercise of a supplier’s contractual right to terminate a dealership agreement rendered the termination improper. The court also held that a dealer’s obligation to mitigate its damages upon termination was met, even though the dealer declined to sell the dealership to a third party.
In this case, the supplier terminated the dealership agreement on the basis that the dealer had failed to meet quarterly sales quotas on three … Continue Reading
On McCarthy Tétrault LLP’s Canadian Appeals Monitor blog, Adam Ship and Sarah Ahsan recently published a helpful discussion of the Ontario Court of Appeal’s decision in Addison Chevrolet Buick GMC Limited et al. v. General Motors of Canada Limited et al., which will be of interest to readers of the Consumer & Retail Advisor blog. This decision potentially opens the door for a franchisor’s parent company to be liable to a franchisee of its subsidiary for breach of the duty of good faith.… Continue Reading
McCarthy Tetrault’s 6th Annual Consumer Products and Retail Summit was held on February 25, 2016. Here are our key takeaways from the Summit, including practical tips from each of our topics:
Trends and Lessons Learned from Recent Retail Restructurings
Katherine Forbes and Mirella Pisciuneri, Richter Advisory Group
- E-commerce is here to stay and is key to success, but only as part of a strategy combined with ‘bricks & mortar’ to create a customer experience
- Vertical integration and comprehensive merchandise planning are critical for reducing costs and improving profit margins
- Make the most of available consumer profile information, but be mindful
The following post by Jordanna Cytrynbaum and Heather Doi on The Lay of the Land, a blog which provides information and insight into Canada’s real estate sector, may be of interest to our readers: Medical Marijuana Business Applicants Undergo Review.
The post discusses the most recent developments regarding the City of Vancouver’s regulation of medical marijuana dispensaries. In particular, it provides insight into issues arising out of the business licensing and development permit application process.… Continue Reading