Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41757
Samir Latifi v. TDL Group Corp.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-09-19 | Close file on Leave | |
| 2025-09-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-09-18 | Judgment on leave sent to the parties | |
| 2025-09-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA49876, 2025 BCCA 45, dated February 13, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-08-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-21 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-05-21, (Printed version filed on 2025-05-22) | Samir Latifi |
| 2025-05-14 | Notice of name, (Letter Form), (Printed version filed on 2025-05-20) | TDL Group Corp. |
| 2025-05-14 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-05-20) | TDL Group Corp. |
| 2025-05-14 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2025-05-15), Completed on: 2025-05-15, (Printed version filed on 2025-05-20) |
TDL Group Corp. |
| 2025-04-28 | Lower court order - e-filing, (Letter Form), CA Order, (Printed version filed on 2025-05-22) | Samir Latifi |
| 2025-04-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2025-04-11 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-04-11) | Samir Latifi |
| 2025-04-11 |
Application for leave to appeal, (Book Form), Missing: - CA Order (Rec'd 2025-04-28), Completed on: 2025-04-28, (Printed version filed on 2025-04-11) |
Samir Latifi |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Latifi, Samir | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| TDL Group Corp. | Respondent | Active |
Counsel
Party: Latifi, Samir
Counsel
Aden Thompson-Klein
Brent Ryan
400-1385 8th Ave. W.
Vancouver, British Columbia
V6H 3V9
Telephone: (604) 874-7171
Email: dklein@callkleinlawyers.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: TDL Group Corp.
Counsel
Robin Reinertson
Joshua Hutchinson
Myim Bakan Kline
2600-599 Burrard Streeet
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-3300
Email: rob.kwinter@blakes.com
Summary
Keywords
Torts — Employer and employee — Conspiracy to harm — No-hire clause in agreements between corporation and its franchisees precluded franchisees from hiring employees of other franchisees — When does Canadian tort law protect employees subject to anti-competitive no-hire clauses — How should courts evaluate the predominant purpose of corporate decision-making for the tort of conspiracy?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
TDL Group Corp. and its franchisees operate Tim Hortons franchises in Canada. Mr. Lafiti was an employee of a franchise. From 2003 to 2018, TDL Group Corp.’s franchise agreement contained a clause by which franchisees agreed not to hire employees of other franchisees. Mr. Latifi commenced an action alleging that the clause advanced a predominant purpose conspiracy to harm employees by supressing their wages and limiting their employment mobility. The Supreme Court of British Columbia dismissed an application to certify the action as a class proceeding. The Court of Appeal dismissed an appeal.
Lower court rulings
Application to certify action as a class proceeding dismissed
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available