NEW - 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corp., 2012 ONSC 6549 (CanLII)

  • November 21, 2012

Date: 2012-11-21. Docket: 06-CV-311330CP. Perell, J. | Link

Class action by past and present Quiznos franchisees alleging price maintenance conspiracy and breach of contract. Several motions, including plaintiff’s motion for the defendants to deliver a further and better affidavit of documents. Quiznos produced its documents in TIFF, as per the discovery plan agreed to by the parties. The Plaintiffs requested Quiznos to re-produce copies of the native Excel documents and Quiznos refused. The court found that Quiznos’ refusal is a technicality (they honoured the discovery plan) and that there would be no hardship in providing the excel files. The court found that discovery plans are important, but they can be modified. Quiznos was ordered to re-produce the readily available Excel files.