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ARTICLE · 24 AUGUST 2016

Post Dunkin In Quebec: What We Have Seen

McCarthy Tétrault
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Another contention of the Petitioner is that the franchise agreement violates pharmacists' exclusive right to own a pharmacy and liberally dispose of it.

CanadaCorporate/Commercial Law
Pierre-Jérôme Bouchard
Pierre-Jérôme Bouchard
Alex Derstenfeld
Alex Derstenfeld
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Franchisors should take note of potential novel allegations being brought against them since the Quebec Court of Appeal's ruling in Dunkin' Brands Canada Ltd. v. Bertico Inc., 2015 QCCA 624 ("Dunkin")1.

Dunkin reiterated the law's willingness to read certain obligations into franchise agreements based on the duty of good faith and obligations which flow from the general nature of franchise agreements. Franchisors and franchisees alike have been left to speculate where the limits of their respective obligations and rights lie in the face of a legal landscape in flux.

Since Dunkin, two actions of note have been filed which levy relatively novel allegations against franchisors [in Quebec]. In Franchisés v. Groupe Qualinet ("Qualinet"), Plaintiffs are asking the court to recognize novel implied obligations including, amongst others, the duty to provide training. More recently, in Sopropharm v. Jean Coutu ("Jean Coutu"), the court is being asked to annul franchise

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