After the Court of Appeal released its decision in June, Quiznos and GFS sought leave (or permission) to appeal the decision to the Supreme Court of Canada.  We have responded to their leave application and are waiting for the Supreme Court to decide whether or not it will hear the appeal.  We believe that it is unlikely that the Supreme Court will grant leave.

In the meantime, the case moves forward.  We are preparing for the stage of the action known as discoveries.  This involves gathering and reviewing all documents from our side and the defendants and examining the parties under oath on their documents and information.  The parties are required by the court to exchange the remainder of their documents by December 1.  Examinations for discovery will be held in 2011.

After discoveries are completed, we will obtain a trial date and conduct a mediation and pre-trial hearing known as a pre-trial conference.  This process is designed to encourage settlement.  We will be open to a reasonable settlement, however, we remain of the opinion based on our experience to date that settlement is unlikely and that a trial will be necessary.  We continue to work toward the goal of getting to trial.

We will report further to the group as we progress to trial.

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