The Court of Appeal for Ontario dismissed the appeal by the franchisor and its associates from a trial judgment granting rescission and damages to the franchisee under the Arthur Wishart Act (Franchise Disclosure), 2000.
The court upheld the trial judge’s findings that the statutory exemption from disclosure did not apply, that the franchisee validly rescinded the franchise and ancillary agreements, and that the franchisee was entitled to statutory compensation and substantial indemnity costs.
The court found no error in the trial judge’s assessment of damages or costs.