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Consumer & Retail Advisor

Tag Archives: Ontario’s Arthur Wishart Act

Ontario Court of Appeal Dismisses Dealers’ Appeal Related to GM Restructuring

Posted in Class Action, Distribution, Franchising

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

Ontario Court Certifies Franchise Encroachment Claim as Class Action

Posted in Franchising, Litigation

The Ontario Superior Court of Justice recently certified a class action by dealers of a home furnishings company in 1291079 Ontario Limited v. Sears Canada Inc.

The dealers are outlet stores for a national department store (the putative franchisor) and allege that they are “franchisees” within the meaning of Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000, c. 3 (the Act).… Continue Reading