If successful, a rescission claim can pose potentially devastating financial and reputational risk for franchisors and franchise systems. This article outlines what a franchisor can and should do to …

May 20, 2021 · The cost of developing the franchise proved higher than the franchisee expected, and the franchisee purported to rescind the franchise agreement, alleging, among other things, that the …

May 21, 2020 · However, a recent decision of the Court of Appeal for Ontario has opened the door for franchisees to assert a notice of rescission within a Statement of Claim.

Aug 9, 2022 · Under the Wishart Act, in the event a franchisor fails to deliver a disclosure document to the franchisee, the franchisee is entitled, within 2 years of entering into the franchise agreement, to …

Jul 24, 2024 · Both the Trial Judge and the Court of Appeal provided a helpful summary of rescission and statutory compensation under the Wishart Act. (See Trial Decision at paras. 45-53).

This Cloudhaus blog breaks down what rescission is, how it affects both prospective franchisees and franchisors, and offers real-world situational examples that parties often encounter in the …

Sep 1, 2024 · Where the franchisor fails to meet its disclosure obligations to the franchisee, the franchisee is entitled to rescind the franchise agreement pursuant to the Wishart Act.

Oct 25, 2006 · Accordingly, the respondents could validly rescind the franchise agreement under section 6 (2) of the Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000, c. 3, because they had …

Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy. It entitles a franchisee to …

Holdings brought a petition for rescission of its franchise agreement on the basis that the franchisor failed to provide it or Foods with a disclosure document or a statement of material change.