Jean-Marc is a partner in our litigation department who specializes in commercial litigation and class actions. He represents franchisors and franchisees and has been involved in numerous cases involving the automobile industry (on behalf of dealers and manufacturers). He is the past chair of the Ontario Bar Association’s class action section.
Jean-Marc has acted in numerous class action cases in many different areas of the law. He brings a unique approach to class actions, having acted for both defendants and plaintiffs. He has a special interest in privacy class actions.
Jean-Marc has acted in numerous commercial litigation matters and has been retained to argue numerous appeals, including in pro bono matters on behalf of the Canadian Civil Liberties Association.
He has taught appellate advocacy at Queen’s University in Kingston. He is a former law clerk at the Federal Court of Appeal and at the Supreme Court of Canada.
Assistant: Georgia Scott-McLaren
t: 416.977.5333 x 310
LL.B, Queen’s University.
- Named “Legal Eagle” by Franchise Times magazine, 2013 – 2016, Top Franchise Lawyers in North America
- Listed in Lexpert Directory as “Repeatedly Recommended” for Franchise Law (2015 and 2016)
- Ranked in Chambers Canada 2016 for Dispute Resolution: Class Action (Plaintiff)
Key class action cases
- Counsel in certification motions in dozens of auto part antitrust cases (ongoing) stemming from an international antitrust investigation.
- Hopkins v. Kay, 2015 ONCA 112 – Successfully defended the right of patients to sue hospitals for privacy breaches. This important appeal decision has garnered significant interest and was the front page story on Canada’s largest circulation daily newspaper.
- Infineon Technologies AG v. Option consommateurs, 2013 SCC 59 [part of a class action trilogy of cases, which included ProSys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57]. Appeared on behalf of an intervenor at the Supreme Court of Canada in the most significant class action decisions heard by the Court since 2001.
- Sankar v. Bell Mobility Inc., 2013 ONSC 5916 – Successful certification of a consumer class action.
- 1250264 Ontario Inc. v. Pet Valu Canada, 2015 ONSC 29 – Successful summary judgment motion in a franchise class action.
- Smith v. National Money Mart, 2010 ONSC 1334 – While at previous firm defended one of the few class action cases to go to trial in Canada.
- Counsel,while at previous firm, in respect of a regulatory investigation and parallel antitrust class proceedings throughout Canada: Osmun v. Cadbury Adams Canada Inc., 2010 ONCA 841.
Recent Publications and Media References
- The Endean decision of the Supreme Court of Canada promises greater coordination of national class action settlements, Sotos LLP blog (November 03, 2016)
- Interested prospective franchisee but no site? Should Raibex change your disclosure process?, Sotos LLP blog (October 10, 2016)
- Ministry of Labour sets out options for reform of labour and employment laws that could impact franchisors doing business in Ontario, Sotos LLP blog (August 2, 2016)
- What is the liability of Canadian franchisors as potential “joint employers”? International Journal of Franchising Law, February 2016
- Speaker- “Unique Issues with Master Franchisees” Canadian Franchise Association National Convention (April 17 – 19, 2016)
- Speaker – “Recent Franchise Case Law Developments” Canadian Franchise Association Law Day (January 28, 2016)
- Speaker – “Hot Issues and Emerging Trends in Canadian Class Actions” Ontario Bar Association’s 7th Annual Class Actions Colloquium (December 1, 2015)
- October 2015: British Columbia introduces new franchise legislation Sotos LLP blog (October 9, 2015)
- What is the liability of Canadian franchisors as potential “joint employers”? Sotos LLP blog (October 9, 2015)
- Can donuts help Volkswagen’s Canadian dealers? Sotos LLP blog (September 29, 2015)
- Ontario Court provides guidance on claims against “franchisor’s associates” in recent decision, Sotos LLP blog (August 5, 2015)
- Letters rogatory: tips for compelling Canadian evidence in foreign court proceedings Sotos LLP blog (June 8th, 2015)
- Automobile Dealers and Privacy Law Sotos LLP blog (May 26th, 2015)
- The Dunkin’ Donuts Decision: Business as Usual for Good Franchisors Sotos LLP blog (May 7th, 2015)
- Ontario Court of Appeal says no need to disclose all forms of litigation against the franchisor in the disclosure document Sotos LLP blog (April 15th, 2015)
- “Big Suits: SCC Refuses Leave to Appeal in Smith v. Inco”, Lexpert, April 26, 2012
- “Why franchise class actions cannot be ousted by arbitration clauses”, OBA Class Action Law newsletter, March 2012
- “Brown’s critique of province’s document-management system reflects larger problem” Law Times, March 26 2012 edition
- Dodd v. Prime Restaurants of Canada Inc., 2012 ONSC 1578 case summary, Ontario Bar Association Franchise Law Section
- “Third Party Litigation Financing of Class Actions in Ontario”, OBA Class Action Conference, December 2011
- “Defence Prior to Certification – the Pros and Cons” (co-author), OBA Class Action Newsletter, December 2011
- “The man who got passed over for the Supreme Court”, Macleans Magazine, October 24, 2011
- “Judicial Review or Damages? The Supreme Court of Canada’s Decision in Canada (A.G.) v. Telezone Inc. (co-author), Annual Review of Civil Litigation 2011
- “Art of the Case: The Shortened Trial”, Lexpert Magazine, September 2011
- “Benchmark hearing set on summary judgments”, Financial Post, June 20, 2011
- “Trust, not reasons, required in leave application process”, Canadian Lawyer (May 2011)
- “Jean-Marc Leclerc on Ontario’s Professional Development Rules”, National Post Legal Blog, March 1, 2011
- Parsing the Law Society’s CPD requirements, slaw.ca, February 24, 2011
- “Franchising in the Courts”, Osler Franchise Review, February 10, 2011
- A Judge’s Outcry Over Toronto’s Superior Court System, slaw.ca, January 27, 2011
- “Franchisors Facing Class Action Certification Should Consider Summary Judgment Option”, Osler Update, January 6, 2011
November 3, 2016
The Endean decision of the Supreme Court of Canada promises greater coordination of national class action settlements
October 6, 2016
Interested prospective franchisee but no site? Should Raibex change your disclosure process?
September 30, 2016
Sotos Class Action Team keeps up momentum in Chambers Canada 2017
August 2, 2016
Ministry of Labour sets out options for reform of employment and labour laws that could impact franchisors doing business in Ontario
June 30, 2016
Lexpert names Sotos LLP as top boutique firm for franchising law. Seven lawyers listed in Lexpert.