Tim Hortons Franchisees Must Be Content With Profits from Coffee, Not Food
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
Court pierces corporate veil on alter ego theory of liability
In Chan v. City Commercial Realty Group Ltd., the court “pierced the corporate veil” to hold the principals of a real estate brokerage personally liable for the debts of their [...] Full article
Request to Admit served during adjournment of trial allowed by court
In the case of Sivaji v. Rajwani, [2011] O.J. No. 6270, 108 O.R. (3d) 478, the Ontario Superior Court of Justice allowed a Request to Admit to be served during [...] Full article
Oppression class actions now recognized in both British Columbia and Ontario
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
Corporate Litigation Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.
Kenneth A. Dekker
Kenneth (Ken) Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. With more than 12 years of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.
