Suzanne Kittell

The franchisor, Mr. Lube, brought an application to enforce a sublease provision requiring the franchisee to pay an additional 2% rent based on gross sales.

The franchisee brought a cross-application seeking a declaration that it was not required to pay the amount, arguing it was a disguised franchise fee prohibited by a prior agreement and was not properly disclosed under the Arthur Wishart Act.

The court found that the 2% rent was clearly disclosed in the franchise disclosure document and the executed sublease.

The court rejected the franchisee's argument of non est factum, noting the franchisee's principal failed to read the documents.

The court also held that the percentage rent was not a franchise fee.

The franchisor's application was granted and the franchisee's application was dismissed.

The franchisor, Mr. Lube, brought an application to enforce a sublease provision requiring the franchisee to pay an additional 2% rent based on gross sales.

The franchisee brought a cross-application seeking a declaration that it was not required to pay the amount, arguing it was a disguised franchise fee prohibited by a prior agreement and was not properly disclosed under the Arthur Wishart Act.

The court found that the 2% rent was clearly disclosed in the franchise disclosure document and the executed sublease.

The court rejected the franchisee's argument of non est factum, noting the franchisee's principal failed to read the documents.

The court also held that the percentage rent was not a franchise fee.

The franchisor's application was granted and the franchisee's application was dismissed.

The University of Toronto Graduate Students’ Union (UTGSU) challenged a referendum on its continued membership in the Canadian Federation of Students (CFS) and CFS-Ontario (CFS-O), arguing that the Chief Returning Officer (CRO) made unreasonable decisions regarding polling stations and mail-out ballots, which led to a failure to meet quorum.

The CFS sought a declaration that UTGSU remained a member.

The court found that the relationship between the organizations and their members was contractual, governed by bylaws.

The court declined to imply a term into the bylaws to alter quorum calculation for disenfranchised voters.

It also found that the CRO's decisions were within his discretion and not made in bad faith, applying a subjective standard to his judgment.

Consequently, the court granted the CFS's application, declaring UTGSU's continued membership, and dismissed UTGSU's counter-application.