By: Anthony Pugh Editor: Ben Hanuka In Unicity Holdings Ltd. v. Great British Vape Co., a September 2021, decision of the Ontario Superior Court of Justice, the court dismissed arguments by the franchisor, Great British Vape, that its former franchisee did not adequately de-identify its store layout after a settlement-based termination. Key Facts The parties entered into a franchise agreement on September 13, 2020, under which Unicity became a franchisee of the Signature Vape system in Windsor, Ontario.
By: Anthony Pugh Editor: Ben Hanuka In a May 31, 2021, decision of the Ontario Superior Court of Justice in Coffee Time Donuts v 2197938 Ontario Inc., the court granted summary judgment against a franchisee for unpaid royalties and interest, based on an implied extension of an expired franchise agreement that the parties abided by for several years after it expired.
By: Anthony Pugh Editor: Ben Hanuka In Shoppers Drug Mart Inc. v. Mang, a May 14, 2021, decision of the Supreme Court of British Columbia, the court struck a few paragraphs from the defence (Response to Civil Claim) of the self-represented defendants, who were former Shoppers Drug Mart franchisees in Vancouver and Powell River. Some of the paragraphs that the court struck contained scandalous allegations, such as allegations of gossip, bullying, and evidence about irrelevant facts; other allegations did not advance the defence.
The August edition of the Law Works Franchise Issue in Focus explores: Pitfalls in drafting pleadings alleging bad faith conduct. Claims launched by franchisees alleging bad faith conduct. Novel cases involving the interplay between the disclosure and good faith obligations. Subscribe to to receive the next issue.
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