reasonably perceive the CPVF to be the Executive wearing
another hat, or at the very least, could conclude that the Executive was fully supportive of the CPVF.
 The sole purpose of the CPVF was to encourage other Pet
Valu franchisees to opt out of the class action. This is described
in the affidavit of Jason Malley, one of the founding members of
the CPVF, and a member of the Executive, as follows:
We formed the CPVF because we believed that franchisees should opt out of
the class action, but did not think this should be done through the CFC as
there had been no consensus reached at the August 2011 AGM on the
We were very concerned that franchisees were confused or misinformed, and
we believed that if they considered the issue carefully they would choose to
opt out. However, our objective was to encourage all franchisees to opt out,
as it was and continues to be, our unanimous opinion that the class action
is not good for our brand, or our collective interests as franchisees. We
believed that the new management had demonstrated a positive and constructive approach and was actively taking steps to improve our business
 As I will explain below, the fact that class members may
have been “confused or misinformed” during the opt-out period
is an important contextual factor in assessing whether judicial
intervention is warranted in this case.
 The CPVF campaign had two major fronts. First, beginning on the Labour Day weekend, the founding members (
most of the Executive) undertook a telephone blitz, calling every
franchisee to encourage them to opt out of the class action.
 Affidavit evidence has been provided by every member of
the CPVF. The evidence follows the same pattern and, in many
cases, the content is identical. I will summarize the evidence of
James Dale (“Dale”), who was the president of the Executive and
one of the founding members of the CPVF.
 Dale views the role of the CFC as to facilitate the
franchisor-franchisee relationship. He expresses the view that
the interests of the franchisees can, in general, be best advanced
by working cooperatively with the franchisor. He believes that
what he describes as Rodger’s adversarial approach is not in the
interests of franchisees and that it will derail the efforts of the
CFC to develop a better relationship with the new management
of Pet Valu, which took over in the fall of 2009. He believes that
the Executive has had an improved relationship with the new
management of Pet Valu.
 Dale deposes that after the commencement of the class
action, he received a steady stream of phone calls from franchisees asking about their rights. He called Mr. Sterns (“Sterns”),