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More Clarity and More Uncertainty – The Ontario Court of Appeal Weighs in on the Selling of Franchises without a Site in Hand

Allan Dick

Published January 26, 2018

One Ontario court cast doubt on a franchisor’s ability to do this given the franchisor’s statutory duty to deliver a disclosure document containing all material facts relating to the opportunity before the sale could be effected.  That decision has been overturned by the Ontario Court of Appeal with reasons that provide further clarity to those buying and selling franchises and their advisors as to the availability of remedies for improper disclosure under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”).

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