Osler Update by Larry Lowenstein and Adam Hirsh of Osler, Hoskin & Harcourt LLP. Summary of recent Ontario Court of Appeal decision affirming summary judgment dismissing plaintiff's action and thereby ending class action. There was no obligation on Suncor to provide disclose to retailers on the basis that the one year exemption applied under the Arthur Wishart (Franchise Disclosure) Act, 2000. The term of the plaintiff's contract was for one year or less, and no non-refundable franchise fee had been paid by the plaintiff to Suncor.
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