2130489 Ontario Inc. v. Philthy McNasty's (Enterprises) Inc., 2011 ONSC 6852

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Application for rescission of a franchise agreement under Ontario's Arthur Wishart Act (Franchise Disclosure), 2011. Case discusses the limitations defence. The judge dismissed the limitations defence on the basis that a franchisee had 2 years and 60 days following effectuive date of rescissison to commence an action for rescission damage (unless franchisee knows before expiry of 60 days that the franchisor won't honour notice of rescission).

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Published In: Franchise Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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