Ontario Civil

Civil Procedure

Breach of contract issues capable of resolution on summary judgment basis

This was appeal of dismissal of application to certify action as class proceeding. Appellants were franchisees of respondent franchisors. Appellants commenced proposed class action against respondents based on several different causes of action. Motion judge concluded that certification would be appropriate for number of issues, but that none of proposed claims could possibly succeed. Respondents’ motion for summary judgment was granted and action was dismissed. Appeal dismissed. Motion judge was correct to view breach of contract and breach of duty of good faith issues as being capable of resolution on summary judgment basis. Motion judge’s analysis of issues was correct. Motion judge carefully and comprehensively reviewed record, which strongly documented extent and fairness of respondents’ process for considering franchisees’ position with respect to transition to new production system.

Fairview Donut Inc. v. TDL Group Corp. (Dec. 6, 2012, Ont. C.A., J.C. MacPherson J.A., Robert P. Armstrong J.A., and Alexandra Hoy J.A., File No. CA C55239) Decision at 212 A.C.W.S. (3d) 635 was affirmed. 225 A.C.W.S. (3d) 31.

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