This article Canada: Obtaining A Release When A Franchise Has Gone Sour examines the Ontario case of Dodd v. Prime Restaurants of Canada, in which one issue was whether a signed release between a franchisor and franchisee was unconscionable and violated section 11 of the Arthur Wishart Act.
The article notes that such a release might bar common law and equitable claims even if it cannot operate to bar claims under the Act, and that such decisions are matters to be determined at trial. Read more on the case and legal reasoning behind the decision by clicking the link above.
Certain articles within this post were linked and referenced with the permission of Mondaq.com, through our exciting content collaboration with them. To access Mondaq’s large database of articles written by top law firm lawyers from around the world, you must leave our site and create a free account on theirs.