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Author: Gleb Matsuhansky, Student-at-Law, Law Works P.C. Editorial Committee: Law Works P.C. Editor: Ben Hanuka Overview On March 24, 2016, the Alberta Court of Queen’s Bench released its decision in the case of Essa v Mediterranean Franchise Inc. (2016 ABQB 178). The case dealt with a franchise rescission and looked at the application of the Franchises Act (RSA 2000, c F-23) (the “Act”).
The legal characteristics of a franchise agreement are different from normal commercial contracts in that they are “contracts of adhesion”.
The Ontario Court of Appeal released an interesting decision recently in a case involving the enforceability of a non-competition covenant in a...
Other than rescission, Ontario and the four other Canadian provincial franchise statutes (Alberta, PEI, New Brunswick and Manitoba) provide for...
Introduction A franchisor has a right to preserve the value of the franchised business, even in a rescission case.