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9346-0251 Québec inc. c. 9497-0183 Québec inc.

Background:

  • A franchise agreement was signed on March 2, 2024, between 9346-0251 Québec inc. (Franchisor) and 9497-0183 Québec inc. (Franchisee) for the operation of a Buffalo Bill Wings restaurant.
  • The Franchisor claims $9,384 in unpaid royalties and seeks contract termination.
  • The Franchisee disputes this, alleging serious breaches by the Franchisor.

Arguments of the Parties:

Franchisor:

  • The Franchisee has failed to pay royalties since August 1, 2024.
  • The Franchisee violated the contract by purchasing supplies from unauthorized vendors.
  • Allowing the Franchisee to continue operating without payment creates financial risks.

Franchisee:

  • The Franchisor breached the agreement by authorizing a competing Buffalo Bill Wings location within its exclusive territory.
  • The Franchisor unlawfully interfered in its operations.
  • The Franchisor failed to supply essential products.
  • An ongoing Superior Court case seeks injunctive relief against the Franchisor.

Court’s Decision:

  • Full payment of royalties denied due to the Franchisor’s alleged breaches.
  • Temporary royalties set at $750 per month until the case is resolved.
  • Request for mandatory supply purchases rejected due to lack of specifics on suppliers.
  • No urgency demonstrated to justify all of the Franchisor’s claims.
  • Automatic foreclosure denied, but sanctions may be requested if the Franchisee fails to comply.
9346-0251 QUÉBEC INC.
Law Firm / Organization
De Louya Markakis Avocats
Lawyer(s)

Louis Karkaselis

9497-0183 QUÉBEC INC.
Law Firm / Organization
Services Juridiques Samuel Cohen
Lawyer(s)

Kelsey Solomon

Court of Quebec
500-22-286115-244
Corporate & commercial law
$ 1,500
Defendant