MONTRÉAL, June 15, 2015 /CNW Telbec/ - The franchisor Dunkin' Brands has filed an application before the Supreme Court of Canada for leave to appeal the Court of Appeal of Québec decision finding in favour of the former franchisees and validating the judgment handed down in this matter by the Honourable Justice Tingley of the Superior Court of Québec. Justice Tingley found Dunkin' Brands guilty of several contractual breaches and misrepresentations, and found the franchisor had been negligent in the face of the rapid growth of the competitor, Tim Hortons.
The franchisor had until June 15, 2015 to avail itself of its right to apply for leave to appeal before the Supreme Court.
The former franchisees will now have 30 days starting today (excluding the month of July) to file their response to the application for leave to appeal.
The deadline for issuing the decision as to whether or not leave to appeal is granted is at the Court's entire discretion, but normally does not exceed six months.
"The former Dunkin' Donuts franchisees in Québec (21 franchisees operating 32 establishments) have shown a lot of courage and tenacity in a case that they brought in the spring of 2003. They will continue to assert their point of view," stated Frédéric Gilbert, the lawyer that has been representing them in this case from the very start.
For the record:
- The franchisees filed legal proceedings against their former franchisor Dunkin' Brands on May 20, 2003;
- The trial, which spanned 3 years (between 2010 and 2012), lasted 72 days;
- On June 21, 2012, the Honourable Tingley sentenced Dunkin' Brands to pay $16.4 million to its former franchisees;
- On April 15, 2015, the Court of Appeal of Québec upheld Justice Tingley's ruling but reduced the capital damages, which now stand at $18 million in principal and interest;
The former franchisees and their counsel will be reserving their comments for the Supreme Court.
SOURCE Fasken Matineau
For further information: Mtre. Frédéric Gilbert, Fasken Martineau, 514 397-5232