Spina v. Shoppers Drug Mart Inc.

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgePERELL
Citation2023 ONSC 1086
Date17 February 2023
Docket NumberCV-10-414774-00CP

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2 practice notes
  • The Optimum Solution: Justice Perell Urges Fairness And Restraint In Awarding Aggregate Damages
    • Canada
    • Mondaq Canada
    • May 31, 2023
    ...more than a decade of litigation, the litigants in Spina v. Shoppers Drug Mart Inc., 2023 ONSC 1086 finally have a decision on the merits. Success was divided. To the extent liability could be established, Justice Perell held that damages ought be proven by way of individual issues Spina co......
  • Franchise Case Law Highlights And Noteworthy Decisions During 2023
    • Canada
    • Mondaq Canada
    • January 12, 2024
    ...not matter to the Court that the franchisee could not prove that this failure caused damage or loss. Spina v. Shoppers Drug Mart Inc., 2023 ONSC 1086 After 10 long years, a class-action lawsuit between the plaintiffs (Shoppers Drug Mart franchisees) and Shoppers Drug Mart ("Shoppers") was r......
7 cases
  • Davis v. Amazon Canada Fulfillment Services, ULC
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 19, 2023
    ...See also Cuzzeto v. Business in Motion International Corporation, 2014 FC 17 at paras. 101-109. [116] Spina v. Shoppers Drug Mart Inc., 2023 ONSC 1086 at paras. 630-638; Palmer v. Teva Canada, 2022 ONSC 4690 at para. 291; Fulawka v Bank of Nova Scotia, 2012 ONCA 443 at paras. 111-114, 139, ......
  • Price v. Smith & Wesson Corp.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 5, 2024
    ...v. Just Energy, 2016 ONSC 4094. [53] Fulawka v. Bank of Nova Scotia, 2012 ONCA 443 at para. 111. [54] Spina v. Shoppers Drug Mart Inc., 2023 ONSC 1086 at paras. 630-638; Palmer v. Teva Canada, 2022 ONSC 4690 at para. 291; Fulawka v Bank of Nova Scotia, 2012 ONCA 443 at paras. 111-114, 139, ......
  • Eaton v. Teva Canada Limited
    • Canada
    • Federal Court (Canada)
    • February 20, 2026
    ...are permitted, assuming that pharmacies and drug companies comply with applicable provincial regulations (Spina v Shoppers Drug Mart Inc, 2023 ONSC 1086 at para [176] As Justice Gascon observed in Jensen FC, an expert’s description of pricing behaviour does not constitute some basis in fact......
  • Vista Sudbury Hotels Inc. v. The Oshawa Group Limited.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 15, 2026
    ...than a mere chance or speculative claim”:  Mason Homes at paras. 257, 266; Eastwalsh at para. 41; Spina v. Shoppers Drug Mart Inc., 2023 ONSC 1086 at para. 481; Cassandro v. Glass, 2019 ONCA 654 at para. [202]     I did not find Vista’s evidence in support of its cl......
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2 firm's commentaries
  • The Optimum Solution: Justice Perell Urges Fairness And Restraint In Awarding Aggregate Damages
    • Canada
    • Mondaq Canada
    • May 31, 2023
    ...more than a decade of litigation, the litigants in Spina v. Shoppers Drug Mart Inc., 2023 ONSC 1086 finally have a decision on the merits. Success was divided. To the extent liability could be established, Justice Perell held that damages ought be proven by way of individual issues Spina co......
  • Franchise Case Law Highlights And Noteworthy Decisions During 2023
    • Canada
    • Mondaq Canada
    • January 12, 2024
    ...not matter to the Court that the franchisee could not prove that this failure caused damage or loss. Spina v. Shoppers Drug Mart Inc., 2023 ONSC 1086 After 10 long years, a class-action lawsuit between the plaintiffs (Shoppers Drug Mart franchisees) and Shoppers Drug Mart ("Shoppers") was r......