Derek Ronde and Danielle DiPardo have co-authored an article for the Ontario Bar Association’s Section Insider, “Franchise Injunctions Revisited: Two Recent Decisions Demonstrate that Garcha Bros. is Not the End of the Story.”
Write Derek and Danielle: “Restrictive covenants can be an essential feature of a franchise agreement, but how will they be enforced? Recent developments in the law have cast some confusion and inconsistency on the interpretation, scope, and enforceability of these clauses, including the test for obtaining injunctions…”
The article goes on to review recent decisions and weigh in on the debate.