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Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka In 10313033 Canada Inc. v. 2418973 Ontario Inc., an April 11, 2018 decision of the Ontario Superior Court of Justice in Ottawa relating to a franchise dispute in the Laurier Optical franchise system, the court refused to grant to the franchisor an interlocutory injunction compelling the franchisees to continue paying royalties and marketing fees because the franchisor did not prove that it would suffer irreparable harm.
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...