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Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy. It entitles a franchisee to compensation of all his or her investment in the franchised business. This includes the purchase price of the franchised business, the cost of setting it up, the cost of inventory and supplies, all royalties and franchise payments paid to the franchisor, and all losses that the franchisee incurred in the operation of the franchised business.
The legal characteristics of a franchise agreement are different from normal commercial contracts in that they are “contracts of adhesion”.
Other than rescission, Ontario and the four other Canadian provincial franchise statutes (Alberta, PEI, New Brunswick and Manitoba) provide for...