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
Philthy McNasty's did not fare well when the Ontario Court of Appeal recently examined the issue of limitation periods in respect of statutory rescission claims under the Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act"). Full article
Review of all Canadian Competition Law developments over the past year, plus some US developments, including: Mergers, Criminal, Private Actions, Reviewable Matters, Marketing Practices, The Long Arm of US Antitrust Top Stories
- Indirect purchasers cannot sue
- Damages no longer required?
- The wired and the wireless
- Winds of change
- Credit card rules challenged... priceless?
- Rebates, savings and gift cards