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Cassels Brock Successfully Defends Application Against Dairy Queen Canada Inc.

Published: 06/29/2018

Team: Colin Pendrith, Carly Cohen, Geoffrey B. Shaw, Danielle DiPardo, Jessica L. Lewis

Following a two-day urgent application in the Supreme Court of British Columbia, Dairy Queen Canada Inc. successfully defended a franchisee’s injunction to prevent the termination of its franchise in Vancouver in accordance with the terms of a Mutual Cancellation and Release Agreement.  In dismissing the franchisee’s application, the Court rejected the franchisee’s claim that it was entitled to equitable relief from forfeiture to avoid the termination and held that the agreement to mutually terminate the franchise agreement was a strong defence to the franchisee’s claim.

Dairy Queen was represented at the hearing by Colin Pendrith and Carly Cohen, with support from franchise litigators Geoff Shaw and Danielle DiPardo, as well as Jessica Lewis of Cassels Brock’s Vancouver office.

A copy of the decision is available here.