The Honourable Mr. Justice Penny in Lechuga 1 Ltd v Lettuce Eatery Development Inc. ordered that an application brought for a declaration that certain franchise agreements with Lettuce Eatery Management Inc. (the franchisor) are rescinded in accordance with the Arthur Wishart Act (Franchise Disclosure), 2000, SO 2000, c 3 and judgment for over $1,000,000.00 be converted to a trial as there were material disputes on whether the disclosure document of the franchisor was deficient.  Justice Penny held that viva voce evidence was necessary in order to fairly and justly resolve the factual disputes.

Ruzbeh Hosseini, B.Sc., LL.B., J.D.

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