23 Jan 2025
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.