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Appeal court finds in favour of franchise in Fido dispute

Thursday, February 23, 2017 @ 7:00 PM | By Michael Benedict

It is not “fair, just or reasonable” for one contractual partner to demand that the other partner relinquish its right to sue for potential breach of contract as a condition for approving a sale to a third party, the B.C. Court of Appeal has affirmed in a case involving a cellular phone dealership and Fido Solutions.

After Fido terminated its contract with the dealer — wrongfully, according to both the trial judge and the appeal court — it insisted that the franchisee provide a general release...