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Author: Evan Ivkovic, J.D., Law Works P.C. Editor: Ben Hanuka In Butera v Chown, Cairns LLP, a decision released on October 13, 2017, the Ontario Court of Appeal overturned a motion judge’s decision that granted the law firm Chown, Cairns LLP partial summary judgment dismissing one aspect of a negligence claim, while leaving the other aspects of the negligence claim to proceed to trial.
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...