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


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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