Is there or should there be a duty by franchisors to protect and enhance their franchise brand?  In March 2016, the Supreme Court of Canada dismissed a leave to appeal in the Quebec Dunkin’ Brands case leaving this as the last word on these franchisor duties.  In Dunkin’ Brands, the franchisor had to pay its franchisees over ten million dollars in damages for failing to live up to its end of the franchise bargain to protect and enhance the brand.

At this insightful program, our expert faculty will explore:

• The scope of the duty as set out by Dunkin' Brands
• Whether the principles arising from this civil law case might be extended to common law franchise agreements and become law in provinces other than Quebec
• The effect of Civil Code Article 1434 on the court’s reasoning and whether it impacts other provinces
• What the meaning and effect is of the contract being found to be “relational”, and does this matter to common law jurisdictions?
• If the court’s reference to the duty of good faith and fair dealing have resonance?
• The damages awarded and the fact that these were based in part on the financial results of a competing system

PROGRAM CO-CHAIRS/SPEAKERS

Jonathan Mesiano-Crookston, Goldman Hine LLP
Lawrence Weinberg, Cassels Brock & Blackwell LLP

SPEAKERS

Jean-Philippe Turgeon, Lavery, De Billy LLP
Gillian Scott,  Osler Hoskin & Harcourt LLP
David Altshuller, Teplitsky Colson LLP