Éric Préfontaine Éric Préfontaine

Franchisee or employee? The Supreme Court renders a decision

On May 3, 2019, the justices of the Supreme Court of Canada dismissed in majority the appeal filed by Modern Concept d’entretien inc. (Modern)...

Climate change class actions come to Canada

As climate change litigation gains momentum, two recent developments show Canadian litigants turning to class actions to address climate-related...

Québec Superior Court reaffirms importance of franchisors keeping their invoices

In Mise en marché Marketech inc. v. Plante, 2018 QCCS 2799, the Québec Superior Court gave an opinion as to the value of an account statement...

Québec Superior Court interprets exclusivity clause in shopping mall lease narrowly against franchisor

In Second Cup Ltd. c. 8702934 Canada inc. (Café Vasanti), 2018 QCCS 2064, the Superior Court of Québec narrowly interpreted an exclusivity clause...

Changes to Montreal’s class action division shows move toward harmonization with Ontario procedure

Earlier this year, the Superior Court of Quebec Chief Justice Jacques Fournier and Justice Pierre-C. Gagnon announced changes to the class action...

The validity of non-refundable franchise fees

In Mancilla c. Franchises Coq & Rico inc., the Québec Superior Court discussed the obligations of the parties to a franchise agreement.

Breach of the franchise agreement: No automatic compensation for the franchisor

The Québec Superior Court confirmed that a franchisor is not liable for a franchisee’s failure to be profitable.

Québec Beekeepers’ class action is authorized

On February 20, 2018, the Québec Superior Court granted an application on behalf of the beekeepers of Québec for authorization to institute a class...

Québec Court of Appeal harmonizes Canadian law by prohibiting pre-leave discovery in securities class actions

A Québec Court of Appeal decision in Amaya inc. c. Derome harmonizes the law across Canadian provinces with regard to the prohibition against...