Ian A. Johncox

The appellant franchisor failed to provide the required disclosure document to the respondent franchisee under the Arthur Wishart Act.

Days before the two-year limitation period expired, the franchisee rescinded the agreement and immediately set up a competing business servicing the same customers.

The application judge upheld the rescission and dismissed the franchisor's counter-application for an accounting and injunctive relief.

On appeal, the Court of Appeal held that while the franchisee has an absolute right to rescission under s. 6(2), the franchisor retains the right under s. 9 to pursue an action for the franchisee's post-rescission conduct.

The Court set aside the dismissal of the franchisor's application and converted it into an action due to material facts in dispute.

The appellants opened a hydro account personally in 1967.

In 1975, they incorporated a business which thereafter paid the account.

The trial judge found the appellants remained personally liable for the account because there was no evidence of assignment or novation to the corporation.

The Court of Appeal found no palpable and overriding error in the trial judge's findings and dismissed the appeal.

The Court of Appeal issued an endorsement on costs following an appeal where the appellant recovered a small judgment at trial but was unsuccessful on all other claims.

The court fixed costs at $1,000 for the trial and $1,000 for the appeal, payable by the respondent to the appellant.

The appellant employee signed an agreement authorizing the respondent employer to make deductions from his wages for cash shortages, despite others having access to the cash.

This contravened the Regulations under the Employment Standards Act.

When the appellant subsequently refused to work under this arrangement, the respondent treated his refusal as a resignation.

The Court of Appeal held that the appellant's refusal was justified in law and that treating it as a resignation constituted wrongful dismissal.

The appeal was allowed in part, awarding the appellant agreed damages for lost wages, but dismissing claims for aggravated damages and other torts.