G.J. Epstein

The franchisor sued the franchisees for breach of contract, and the franchisees counterclaimed for rescission of the franchise agreement under s. 6(2) of the Arthur Wishart Act, alleging the franchisor failed to disclose ongoing litigation against a competing business.

The motion judge granted partial summary judgment dismissing the rescission claim, finding the undisclosed litigation was not a stark and material deficiency.

The Court of Appeal dismissed the franchisees' appeal, holding that summary judgment was appropriate and that the litigation, which was commenced to protect franchisees, was not a material fact and its omission did not amount to a complete failure to provide a disclosure document.

The appellant franchisor appealed a declaration that a clause in its franchise agreements requiring a general release as a condition of assignment was void and unenforceable under s. 11 of the Arthur Wishart Act.

The Court of Appeal held that while the clause was not void ab initio, it was unenforceable because it required a release of statutory claims.

The Court declined to apply notional severance to read down the clause to apply only to non-statutory claims, finding that doing so would subvert the protective purpose of the Act and invite franchisors to draft overly broad releases.

The appellant appealed his sentence, seeking enhanced credit for pre-trial custody.

The sentencing judge had granted 1.5:1 credit for only some of the time served, noting poor facility conditions and loss of parole eligibility.

Applying the Supreme Court's decision in Summers, the Court of Appeal held that enhanced credit is the norm and varied the sentence to allow 1.5:1 credit for all time spent in pre-trial custody.

The moving party condominium corporation brought a motion to quash an appeal of an application judge's order appointing an arbitrator.

The responding parties sought to appeal the appointment, arguing the application judge erred in referring all issues to the arbitrator without assessing their arbitrability.

The Court of Appeal quashed the appeal, holding that section 10(2) of the Arbitration Act, 1991 explicitly precludes any appeal from a court's appointment of an arbitral tribunal.

The appellant appealed his convictions for historical sexual assaults, sexual interference, sexual exploitation, and assault simpliciter involving his three daughters.

He argued the trial judge erred in assessing the evidence, particularly regarding credibility, demeanour, the application of the W.(D.) principles, and the reliability of child witnesses.

The Court of Appeal dismissed the appeal, finding that the trial judge provided comprehensive reasons, properly applied the burden of proof, and made credibility and reliability findings that attracted deference.