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Love Thy Canadian Neighbor: Ontario Court of Appeal Addresses Franchisor's Duty of Good Faith Part Two of a Two-Part Series

By Markus Cohen, Q.C., LL.M

The first installment of this series dealt principally with one of the issues before the Ontario Court of Appeal in Shelanu v. Print Three; namely, the unsuccessful attempt of the franchisor to exclude from enforceability an oral agreement made subsequent to a franchise agreement containing a comprehensive “entire agreement” clause. The other principal issue before the court was whether there was, at common law, a duty of good faith owed by a franchisor to its franchisee.

The Duty of Fair Dealing/Good Faith at Common Law

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