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Franchising

12 May 2020
Bruno Floriani Can good faith require parties to help each other properly exercise their rights?

Canada - Lapointe Rosenstein Marchand Melançon LLP

It is well known that franchisors have been facing increasing pressure to conduct themselves in accordance with the principles of good faith. A recent Ontario Superior Court case has led to questions with respect to a franchisor's duty to protect its franchisee's right to operate in circumstances where the franchisor is the gatekeeper of rights with respect to a third party. In its decision, the court navigated the duty of good faith owed in respect of the renewal of a head lease between a franchisor and a landlord.

Authors: Bruno Floriani, Marissa Carnevale, Tanya Nakhoul
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