The plaintiff franchisee brought a motion for an interlocutory injunction to prevent the defendant franchisor from acting on a Notice of Expiration of a restaurant franchise agreement.
The franchise agreement explicitly stated there was no right to renew after the initial 10-year term.
The plaintiff argued it was entitled to an extension based on alleged oral representations and breaches of the duty of fair dealing under the Arthur Wishart Act.
The court found the requested relief was a mandatory injunction requiring a strong prima facie case.
The court dismissed the motion, finding the plaintiff's case was weak, any potential remedy would likely be in damages rather than an order compelling renewal, and the plaintiff failed to establish irreparable harm.
