Tripsetter Inc. v 2161907 Alberta Ltd.
Tripsetter Inc.
Law Firm / Organization
Sotos LLP
2161907 Alberta Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Peter Smiley

Canopy Growth Corporation
Justin Farbstein
Law Firm / Organization
Not Specified
Lawyer(s)

Peter Smiley

  1. Background:

    • The plaintiff, Tripsetter Inc., claims that its business arrangement with 2161907 Alberta Ltd. was a franchise under the Arthur Wishart Act.
    • The defendants include Canopy Growth Corporation and Justin Farbstein, who are alleged to be "franchisor’s associates" and jointly liable.
    • The plaintiff seeks to add Tweed Inc. and Jurgen Schreiber as defendants, arguing they are also franchisor’s associates.
  2. Arguments:

    • The plaintiff delivered a notice of rescission to 216 Alberta, claiming a failure to provide a disclosure document required by the Act.
    • 216 Alberta disputes being a franchisor and thus the applicability of the Act.
    • Tweed Inc. objects to being added as a defendant, arguing the limitation period has expired and that it was not given a notice of rescission.
  3. Legal Points:

    • The court discusses the notice requirements under the Act and whether a franchisor’s associate must be served a notice of rescission.
    • The court also addresses the limitation period for bringing an action against the proposed defendants.
  4. Decision:

    • The motion to add Tweed Inc. and Jurgen Schreiber as defendants is granted.
    • The court finds the plaintiff's pleadings sufficient for this stage of the proceedings.
    • The decision allows the proposed amendments to the plaintiff's claim, including allegations that Tweed Inc. and Schreiber are franchisor’s associates.
    • No financial terms specified.
  5. Implications:

    • The decision emphasizes that the plaintiff should be allowed to prove its case at trial without undue limitations on discovery.
    • The court's interpretation of the Arthur Wishart Act and the notice requirements will be significant for future franchise-related disputes.
Superior Court of Justice - Ontario
CV-21-665331
Corporate & commercial law
Plaintiff