Tim Hortons franchisees have lost their challenge to Tim Hortons’ “Always Fresh” model that allegedly reduced the profitability of donuts, TimBits, and other food items. In Fairview Donut Inc. v. The TDL Group Corp., the Ontario Court of Appeal upheld a lengthy lower court decision that on the one hand certified a class action against Tim Hortons, but on the other hand granted summary judgment in its favour and dismissed the action. At issue was the requirement for Tim Hortons franchisees to purchase par-baked donuts and lunch menu items directly from Tim Hortons rather than making those items in store [...] Full article
In recent years, much attention has been paid to amendments to provincial Securities Acts across Canada that make it easier for shareholders to sue for misrepresentations by public companies in financial statements and other public documents...
During this period significantly less attention has been paid to whether shareholder class actions might be brought under another and potentially much broader statutory remedy: the oppression remedy under one of the provincial or federal business corporations statutes. However, this may be changing.
Originally published in The Lawyers Weekly. Full article