Hubert Sibre

The Court dismissed an appeal about renewal and term clauses in a Quebec affiliation contract between a banner company and member pharmacists.

The majority held the renewal clause granted unilateral renewal control to the member pharmacists and could lawfully produce potentially perpetual effects.

The Court found no palpable and overriding error in the trial judge’s interpretation and held the contract was not indeterminate on the majority’s analysis.

Dissenting judges would have characterized the contract as indeterminate and allowed termination on reasonable notice.

Consumer-protection appeal concerning misleading sweepstakes advertising and civil remedies under Quebec's Consumer Protection Act.

The Court held the proper benchmark for general impression is the credulous and inexperienced average consumer, not a skeptical or especially curious consumer.

The mailing was found misleading and to omit material information, establishing prohibited practices under ss. 219 and 228 and engaging civil recourses under s. 272 where a sufficient nexus to the consumer contract was proven.

Compensatory damages of $1,000 were upheld, punitive damages were justified but reduced to $15,000, and the appeal was allowed in part.