SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-12-465607-0000
DATE: 20130617

RE: 2130679 ONTARIO INC., WILLIAM B. WATTERS, LINDA J. WATTERS, SARAH E. BARBER, MATTHEW B. WATTERS, DAVID W. B. WATTERS, and MICHAEL B. WATTERS, Plaintiffs

AND:

THE CORA FRANCHISE GROUP INC., CORA TSOUFLIDOU, NICHOLAS TSOUFLIDOU, YVAN COUPAL and DAVID POLNY, Defendants

BEFORE: R. F. Goldstein J.

COUNSEL:
Jeffrey Landmann and Robert Kalanda, for the Plaintiffs

Derek Ronde and Jonathan Wansbrough, for the Defendants

HEARD: March 22, 2013

ADDENDUM TO ENDORSEMENT

[1] On March 22, 2013, I heard a motion by the Defendants seeking to strike portions of the Statement of Claim of the Plaintiffs. On May 28, 2013 I released an endorsement giving my reasons for striking some parts of the Statement of Claim, but not others (see: 2130679 Ontario Inc. v. Cora Franchise Group Inc., [2013] O.J. No. 2411, 2013 ONSC 3099). Prior to argument on the motion, the parties indicated to me that they had agreed that paragraphs or certain parts of paragraphs should be struck. Those paragraphs or parts of paragraphs are set out in the following table but were not set out in my original endorsement:

Paragraphs

Reason to Strike

Decision

1(k) and 95

Liability of individual defendants in their personal capacity not supported for claim of negligence.

On agreement between the parties, struck as against the individual defendants.

1(k), 37 and 92-94

No cause of action for breach of contract against the individual defendants.

On agreement between the parties, struck as against the individual defendants.

1(a), 1(b) and 147

It is plain and obvious that, as against the individual defendants, the claim for breach of the statutory duty of good faith and fair dealing cannot succeed. The individual defendants are not parties to the Franchise Agreement.

On agreement between the parties, struck as against the individual defendants.

1(d), 138, 141 and 145

No cause of action for breach of section 4 of the Wishart Act established as against Cora Tsouflidou, Yvan Coupal and David Polny. No material facts pleaded.

On agreement between the parties, struck as against Cora Tsouflidou, Yvan Coupal and David Polny.

1(e) – (j)

It is plain and obvious that the claim for injunctive relief against Cora Tsouflidou, Yvan Coupal and David Polny cannot succeed since the underlying causes of action should be struck.

On agreement between the parties, struck as against Cora Tsouflidou, Yvan Coupal and David Polny.

1(l)

No cause of action for “lost opportunity.” Further, as a head of damage it is not pleaded in respect of any cause of action.

Struck pursuant to agreement between the parties.

[2] Those portions of the Statement of Claim that are set out in the table above are, therefore, struck.

[3] Costs should be dealt with in accordance with my reasons released on May 28, 2013.

[4] I thank counsel for helpfully drawing this matter to my attention.

R. F. Goldstein J.

Date: June 17, 2013