"Who Did I Make A Deal With?": Quebec Court Authorizes Consumer Class Action For False Representations Against A Franchisor

In the recently decided case Cantin c. Ameublements Tanguay inc., 2016 QCCS 4546 (the "Cantin Case"), the Superior Court of Quebec granted authorization of a proposed class action by consumers against various respondents, including a franchisor Corbeil Électrique Inc. ("Corbeil"), for alleged misrepresentations in relation to the purchase of extended warranties. In doing so it confirmed a trend that Quebec Courts, at least at the authorization stage, are unwilling to unpack whether or not a contractual relationship exists between a franchisor and a customer of its franchisee.

Key Factual Background & Decision

Corbeil is the owner of a franchise system in respect of the sale of household appliances. According to the claim, false representations were made to the petitioner by: (1) Corbeil on their website; and (2) by an employee of the franchisee, Éric Dubreuil Inc. (the "Corbeil Franchisee"); about the need to purchase an extended warranty. Corbeil sought to have