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The reality of post-Hryniak franchise rescission summary judgment motions

Wednesday, October 11, 2017 @ 8:33 AM | By Ben Hanuka

Franchise rescission claims under provincial franchise disclosure legislation have been accelerating in recent years. The jurisprudence has been driven by Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000. Other provinces have adopted comparable legislation after conducting their own studies. British Columbia is the most recent one, whose Franchises Act, came into force in February 2017.

Rescission claims may vary substantially in their complexity — depending on the alleged grounds for rescission. The spectrum of complexity is very broad. It is ultimately based on the types of facts...