This article Canada: BC Court Enforces Franchise Termination And Release Agreement discusses a BC Supreme Court decision that a Mutual Cancellation and Release Agreement signed by a Dairy Queen franchisee was effective to bar counterclaims against Dairy Queen. Absent any evidence that there had been duress or unconscionability, the court found the Release applied. Click the link above for a more in-depth discussion about the facts, the “tort of passing off,” and the legal reasoning behind the decision to enforce the Release.
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