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This article, written by Ben Hanuka, originally appears in the March 31, 2017, issue of The Lawyers Weekly. Click here to view the full article. In Haas v Gunasekaram, a decision released by the Ontario Court of Appeal in October 2016, the court decided that a shareholder’s dispute - even where many of the allegations involved precontractual misrepresentation and fraud - fell within the scope of the arbitration agreement that was contained in the shareholder’s agreement.
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...