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By: Anthony Pugh Editor: Ben Hanuka In FPMG Hospitality Inc. v. Recipe Unlimited Corporation, an October 29, 2021, decision of the Ontario Superior Court of Justice, the court dismissed a motion by the plaintiff franchisee, FPMG Hospitality Inc., for an interlocutory injunction refraining the franchisor, Harvey's, from enforcing a notice of expiration of a franchise agreement. Key facts FPMG or its affiliates controlled two Harvey's franchises. The first was in Sarnia and the second was in Brantford.
All provincial franchise statutes impose a mutual obligation on the parties to a franchise agreement to perform and enforce their contractual rights...
This article was originally published in The Lawyer’s Daily as a two-part series on September 23 and 24, 2020.
There are two types of marketing obligations in most franchise agreements: contributions to a marketing fund run by the franchisor and direct...