Paliare Roland

Class Actions

IMPORTANT NOTE:

This website has been developed to provide general information to potential class members on a number of class actions that have been commenced by Paliare Roland Rosenberg Rothstein LLP.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Paliare Roland Rosenberg Rothstein LLP. The court will ultimately decide who will be included as a class member.

Shoppers Drug Mart Class Action

Status

The Plaintiffs filed and served their Statement of Claim on December 20, 2010. A copy of the Notice of Action (issued November 13, 2010) and the Statement of Claim (issued December 20, 2010) can both be accessed here. The proceeding is being case managed by Mr. Justice Paul Perell. The Plaintiffs have served material in support of a motion to certify this action as a class proceeding and is scheduled to be heard on the week of August 27, 2012. The material for the motion are as follows;

The certification hearing will determine whether the action should be heard by the court as a class proceeding. It will not determine whether the allegations in the statement of claim are true.

For additional information, or to provide details of your experience as a Shoppers Drug Mart Associate, please email info@sdmclassaction.com or phone 1-877-203-2866.

This website will be updated when significant events occur in this proceeding.

Last Updated April 2012

The Nature of the Claim

Shoppers Drug Mart and associated companies operate a large system of franchised pharmacy stores across Canada. Each of these stores is independently owned and operated by franchisees (called “Associates”). Associates are required to enter into agreements with Shoppers Drug Mart that are materially the same across the proposed class (the “Associate Agreement”). The claim alleges that Shoppers Drug Mart has breached the terms of the Associate Agreement as well as its duty of good faith and statutory duty of fair dealing (where applicable) with regards to how it has been operating the franchise system.

Click here to view a copy of the Notice of Action or Statement of Claim.

General Information on Class Proceedings

A class action is a lawsuit in which a representative plaintiff sues on behalf of a class of people who have similar claims.

Class members are not liable to pay any court costs if the action is unsuccessful. Legal fees are paid to counsel for the class on a contingency basis. This means that the legal fees are paid only if the lawsuit is resolved in favour of the class, either by settlement or judgment. If that happens, the fees will be paid out of the proceeds; but only after the amount is approved by the court.

If you are currently or were previously a Shoppers Drug Mart Associate in any province across Canada but Quebec, you are part of the proposed class. You do not have to do anything to participate in the class action. If the class action is certified, you will automatically become a class member, and notice of certification will be published in a manner approved by the court. The notice of certification will also include instructions regarding what you have to do, if you choose to opt out of the action. Anyone who chooses to “opt out” of the class action is not bound by any settlement or judgment, and does not receive any of the proceeds of the action if it is successful.

For more information about class actions, please see the “frequently asked questions” page on our website: http://www.paliareroland.com/classactions.asp.

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