Recent Trends in Franchise Injunctions

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This article summarizes trends in franchise injunctions based on a review of recent Ontario cases. Article focuses on how standard three-part test for injunction is applied to injunctions brought by franchisors and injunctions brought by franchisees. Consideration of "serious issue to be tried" versus "strong prima facie case" standard of review; evidence required to establish irreparable harm; and what constitutes balance of convenience.

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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.

© Jennifer Dolman, Osler, Hoskin & Harcourt LLP | Attorney Advertising

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