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Author: Robert Jones, Law Works P.C. Editor: Ben Hanuka, Law Works P.C. In 526901 B.C. Ltd. v. Dairy Queen Canada Inc., a June 29, 2018, decision of the Supreme Court of British Columbia, the court dismissed a franchisee’s application for an injunction to prevent the franchisor from terminating or cancelling the franchise agreement. It found that the franchisee would not suffer irreparable harm and that the balance of convenience favoured allowing the franchisor to terminate the franchise agreement.
Author: Robert Jones, Law Works P.C. Editor: Ben Hanuka, Law Works P.C. In Azmoon Trading Inc. v. Caffe Demetre Franchising Corp.
Introduction A franchisor has a right to preserve the value of the franchised business, even in a rescission case.
When a franchisees is in financial distress and looks to either close shop or otherwise get out of the franchised business, a franchisor often...
The post termination covenants in the franchise agreement are key factors in a franchisor’s overall termination analysis.