Court File and Parties
COURT FILE NO.: CV-23-00000027-0000 DATE: 2023-12-07 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: FIRST OF FIVE INCORPORATED, Plaintiff AND: RECIPE UNLIMITED CORPORATION and J.S.M. CORPORATION (ONTARIO) LTD., Defendants
BEFORE: Carey J.
COUNSEL: Sam A. Presvelos, for the Plaintiff Max Skrow, for the Defendant, Recipe Unlimited Corporation James L. McDonald, for the Defendant, J.S.M. Corporation (Ontario) Ltd.
HEARD: October 4, 2023
MOTION ENDORSEMENT
1The plaintiffs seek an injunction preventing the defendants from terminating their franchise agreement. They cite their disagreement over the reasons given for termination. However, it is clear that the current agreement ends in April 2024 and there is no automatic renewal clause.
2The injunction requested would essentially extend the agreement indefinitely, pending the resolution of the litigation, which easily could take years. That would be unfair to the defendants. The plaintiffs can continue their litigation and seek monetary damages for the termination. The request for an injunction is denied. Costs reserved to the trial judge.
Carey J.
Date: December 7, 2023