Planet Fitness Inc. v. Planet Fitness Franchising LLC

Planet Fitness Inc. v. Planet Fitness Franchising LLC

The Court found beyond a reasonable doubt that (1) the mediation convened by court direction and the mediator's directions constituted a clear court process requiring confidentiality; (2) Mr. Freeborn had actual knowledge of the confidentiality requirement; and (3) Mr. Freeborn intentionally disclosed confidential mediation information in social media videos, satisfying the three elements for civil contempt and warranting a finding of contempt though penalty is deferred to a further hearing.

Citation
2025 FC 840
Parties
Plaintiff/defendant by Counterclaim: Planet Fitness Inc.; Defendants/plaintiffs by Counterclaim: Planet Fitness Franchising LLC, also known as PFIP, LLC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 May 2025
Procedural Posture
Trademark Dispute (expungement and Passing Off) With Ancillary Contempt Motion / Contempt Hearing and Judgment; Penalty to Be Determined at Further Hearing
Outcome
The Plaintiff Planet Fitness Inc. and Mr. Shawn Freeborn are found in contempt of Court; penalty to be determined at a further hearing.
Legal Topics
Mediation Confidentiality, Breach of Court Process, Without Prejudice Communications, Sanctions and Contempt, Trademark Infringement
Source Language
English
Civil Procedure Contempt of Court Intellectual Property Alternative Dispute Resolution Mediation Confidentiality Breach of Court Process Without Prejudice Communications Sanctions and Contempt +1 more

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Parties

Planet Fitness Inc.

Plaintiff/defendant by Counterclaim

Planet Fitness Franchising LLC, also known as PFIP, LLC

Defendants/plaintiffs by Counterclaim

Procedural Posture

Trademark Dispute (expungement and Passing Off) With Ancillary Contempt Motion / Contempt Hearing and Judgment; Penalty to Be Determined at Further Hearing

Legal Issues

  1. 1 Was there an order or process of the Court requiring confidentiality of the mediation?
  2. 2 Did Mr. Shawn Freeborn have actual knowledge of the confidentiality requirement?
  3. 3 Did Mr. Freeborn intentionally disclose confidential information obtained in the course of the mediation?

Ratio Decidendi

The Court found beyond a reasonable doubt that (1) the mediation convened by court direction and the mediator's directions constituted a clear court process requiring confidentiality; (2) Mr. Freeborn had actual knowledge of the confidentiality requirement; and (3) Mr. Freeborn intentionally disclosed confidential mediation information in social media videos, satisfying the three elements for civil contempt and warranting a finding of contempt though penalty is deferred to a further hearing.

Court Disposition

The Plaintiff Planet Fitness Inc. and Mr. Shawn Freeborn are found in contempt of Court; penalty to be determined at a further hearing.

Orders

  • The Plaintiff Planet Fitness Inc. and Mr. Shawn Freeborn are in contempt of Court.
  • Penalty will be determined following a further hearing to be scheduled at a later date.