The appellant franchisee received a disclosure document from the respondent franchisor more than 14 days after paying a franchise fee, but six months before executing the franchise agreement.
Nearly two years later, the franchisee sought to rescind the agreement under the Arthur Wishart Act.
The Court of Appeal upheld the motion judge's finding that the franchisee had no right of rescission.
Section 6(2) applies only when no disclosure document is ever provided, and section 6(1) requires rescission within 60 days of receiving a late or deficient document, which the franchisee failed to do.
