We have recently received a copy of a message sent by David Clanachan to all Tim Hortons franchisees on Thursday, March 30, 2017, with the subject line “A Message to All Restaurant Owners.” In it, Mr. Clanachan expresses his opposition to the franchisees’ formation of an association and to what he refers to as, “tactics that are being used to create fear and confusion within our Ownership group,” instead inviting a one-on-one dialogue with franchisees.

We remind you, and ask that you remind your client, of the franchisees’ right of association contained in s. 4 of the Arthur Wishart Act (Franchise Disclosure), 2000 (and such analogous rights contained in the franchise legislation of five other Canadian provinces), and of the concomitant prohibition on interference with this right by the franchisor and the franchisor’s associate. By sending the aforementioned message, under the RBI masthead, Mr. Clanachan and RBI (the franchisor’s associate) are blatantly interfering with the statutory right of association enjoyed by Tim Hortons franchisees. On behalf of our client, the Great White North Franchisee Association, we hereby demand that Mr. Clanachan and RBI immediately retract and apologize unreservedly for Mr. Clanachan’s message, and that such retraction and apology be transmitted to all Tim Hortons franchisees and posted on the Tim Hortons website. We would appreciate the opportunity to review the text of the retraction and apology before it is transmitted.

We further remind you of our client’s standing offer to engage in a principled dialogue with yours to begin the process of resolving the critical issues at hand – an offer that has, to-date, received no response. Your client’s choice, instead, to engage in illegal pressure tactics is unfortunate, to say the least, and does not advance any efforts to find a mutually acceptable resolution to this situation. We urge you and your client to reconsider and opt for constructive discussions with us and ours, so that further damage to the Tim Hortons brand can be minimized.

Yours very truly,

SOTOS LLP