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ARTICLE · 14 JUNE 2018

Outstanding Costs: Former Owner of Class Representative Ordered To Pay $1.7 million

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In Pet Valu Canada Inc. v. Rodger, Justice Nishikawa of the Ontario Superior Court of Justice granted summary judgment against the former owner of a franchisee in the amount of $1.7 million.

CanadaLitigation, Mediation & Arbitration
Nicolas Businger
Nicolas Businger
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​In Pet Valu Canada Inc. v. Rodger, Justice Nishikawa of the Ontario Superior Court of Justice granted summary judgment against the former owner of a franchisee in the amount of $1.7 million. The judgment was for costs that were awarded against the franchisee in a prior, hard-fought proceeding that lasted nearly 7 years.

The judgment is the latest installment in a run of precedent-setting decisions arising out of the class action 1250264 Ontario Inc. v. Pet Valu Canada Inc. That proceeding commenced in December 2009 and ended in October 2016,when the Supreme Court of Canada dismissed the franchisee's application for leave to appeal.

The franchisee, a numbered company that had been reduced to a shell with no assets, had stood as the representative plaintiff in the class action against Pet Valu Canada Inc. ("Pet Valu"). Following the Supreme Court's dismissal, Pet Valu commenced a new action against the individual who had owned the franchise and sold it in 2012,

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