Claire Doi

Following a trial regarding a franchise termination where both parties achieved very modest success, the parties made submissions on costs.

The plaintiffs sought over $222,000, while the defendants sought $150,000.

The court found that the parties achieved divided success, with the plaintiffs recovering an amount within the Small Claims Court jurisdiction and the defendants succeeding only on minor counterclaims.

The court ordered that both parties bear their own costs.

The plaintiff franchisee operated a pizza franchise for 17 years.

After the franchise system was sold, the new franchisor terminated the plaintiff's month-to-month franchise agreement on two days' notice following failed renewal negotiations.

The plaintiff subsequently protested outside the store, leading the franchisor to counterclaim for nuisance, defamation, trespass, and intentional interference with economic relations.

The court held that the franchisor was entitled to terminate the agreement but failed to provide reasonable notice, awarding the plaintiff $10,000.

The court dismissed the franchisor's counterclaims for nuisance, defamation, and interference, finding the protests were largely peaceful and the statements were either justified or fair comment, but awarded $100 in nominal damages for a minor trespass involving gluing posters to the store windows.