On October 15, 1999, the Honourable Justice Dunnet granted Bulk Barn Foods Limited leave to appeal from an order of the Honourable Justice Jenkins who had certified a $35 million class action brought by 909787 Ontario Limited against Bulk Barn Foods Limited. Justice Jenkins’ order was the first time in Ontario that a franchisee’s class action had been certified against a franchisor. The lawsuit relates to alleged over-charging by the franchisor for products which it supplies to its franchisees under the terms of its standard franchise agreement.
Osler, Hoskin & Harcourt LLP represents Bulk Barn with litigator Larry Lowenstein leading the defence. Franchise lawyer Frank Zaid is providing commercial advice. The plaintiff and its principal, Sam Doshi, are represented by litigation counsel Kirk Baert of McGowan & Associates and David Sterns of Sotos & Associates. Franchise lawyer John Sotos is providing commercial advice.