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Materially deficient FDD is no FD at all; franchisee granted rescission on summary judgment

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • November 30 2010

In a case that continues the trend of courts in Ontario, MBCO Summerhill Inc. v. MBCO Associates Ontario Inc. 2010 ONSC 5432, the Ontario subfranchisor of the MBCO restaurant bakery concept, and related parties, were found to have delivered no disclosure document at all and summary judgment was granted to the plaintiff franchisee on a claim for rescission