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Rescission remedy cases aren’t a slam dunk
One of the statutory remedies available to franchisees in Ontario, Alberta, P.E.I., New Brunswick and Manitoba is the rescission remedy, which is used when a franchisor fails to deliver a proper...
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Even a profitable franchisee can rescind
Why would a franchisee whose franchise is generating a profit go to the trouble of rescinding its franchise agreement? There could be any number of reasons. Maybe the franchisee expected to generate...
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Every franchise rescission case is a lesson
Rescission damages can be significant, particularly when the franchisee involved incurred losses in acquiring, setting up and operating the franchise. So, I am always on the look-out for the latest...
View ArticleRescission remedy cases aren't a slam dunk
Where significant facts are in dispute, courts are unlikely to decide franchise disclosure issues without a trial.
View ArticleEven a profitable franchisee can rescind
If a franchisor failed to disclose properly and the franchisee rescinded on time, the franchisor has to compensate the franchisee even if it ends up with a windfall.
View ArticleEvery franchise rescission case is a lesson
In the latest decision, what I find particularly interesting is the court's reaction to the franchisor's attempt to minimize its exposure under the Wishart Act by reason of the franchisee's...
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