Jeffrey Hoffman

The applicant licensor sought declarations that the respondent licensee breached a License Agreement, Sublease, and Loan Agreement for a cannabis retail store, justifying termination.

The respondent counter-applied for a $2,000,000 Branding Fee and damages for wrongful termination.

The court found that the applicant's termination was invalid and breached the duty of good faith, as it was based on a mere expression of frustration by the respondent after being given incorrect information about loan funding.

The court ordered the applicant to pay the Branding Fee, net of certain deductions, and awarded costs to the respondent.

The defendant moved for summary judgment to dismiss the plaintiff's action regarding the termination of several franchise and non-branded agreements for convenience stores at remote campsites.

The defendant argued it terminated the agreements in accordance with their clear provisions and a client's cost-cutting directive.

The plaintiff argued the termination breached the agreements, the defendant's Code of Conduct, and obligations of good faith, alleging the defendant terminated the agreements to appropriate the business for itself.

The court dismissed the motion, finding the plaintiff raised genuine issues requiring a trial.