Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
37586
William Watters, et al. v. Cora Franchise Group Inc.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-09-29 | Close file on Leave | |
| 2017-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-09-29 | Judgment on leave sent to the parties | |
| 2017-09-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C62520, 2017 ONCA 286, dated March 31, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2017-08-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-08-02 | Applicant's reply to respondent's argument, (Book Form), Printed version filed on 2017-08-04., Completed on: 2017-08-02 | William Watters |
| 2017-06-29 | Certificate (on limitations to public access), (Letter Form) | Cora Franchise Group Inc. |
| 2017-06-29 | Notice of name, (Letter Form) | Cora Franchise Group Inc. |
| 2017-06-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-06-29 | Cora Franchise Group Inc. |
| 2017-05-30 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2017-05-30) | |
| 2017-05-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-05-29) | William Watters |
| 2017-05-29 | Notice of name, (Letter Form), (Electronic version filed on 2017-05-29) | William Watters |
| 2017-05-29 | Application for leave to appeal, (Book Form), Completed on: 2017-05-29, (Electronic version filed on 2017-05-29) | William Watters |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Watters, William | Applicant | Active |
| 2176693 Ontario Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cora Franchise Group Inc. | Respondent | Active |
Counsel
Party: Watters, William
Counsel
D. Andrew Thomson
6th Flr., Twr. B
London, Ontario
N6A 5B5
Telephone: (800) 810-8184
FAX: (866) 691-9103
Email: admin@appeal-law.ca
Party: 2176693 Ontario Ltd.
Counsel
D. Andrew Thomson
6th Flr., Twr. B
London, Ontario
N6A 5B5
Telephone: (800) 810-8184
FAX: (866) 691-9103
Email: admin@appeal-law.ca
Party: Cora Franchise Group Inc.
Counsel
40 King Street West
Scotia Plaza, Suite 2100
Toronto, Ontario
M5H 3C2
Telephone: (416) 869-5322
FAX: (416) 360-8877
Email: dronde@casselsbrock.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Commercial law – Franchises – When should a potential plaintiff first know that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it – Where an innocent party affirms the contract, should a limitation period be suspended as long as the other party remains in breach of the contract – Should the defence of discharge or set-off of a guarantor’s obligations be extended to contractual arrangements beyond lending agreements.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Applicant, William Watters is the principal owner of 2176693 Ontario Ltd., a Franchisee of the Respondent Franchisor, Cora Franchise Group Inc. When the Franchise Agreement was executed, Mr. Watters executed a Guarantee and Indemnity, personally guaranteeing the obligations of the Franchisee including payment and performance of all its liabilities and obligations owing to the Franchisor. The Respondent sought summary judgment in the collection of debts owed by the Franchisee for its failure to pay royalty fees, advertising contributions and the cost of products and supplies.
Mr. Watters does not dispute the Franchisee’s indebtedness or his obligation as guarantor. However, he asserted by way of set-off and sought to assert by way of counterclaim a claim for damages arising from the loss of a potential sale of the franchise which failed to close when the Franchisee refused to provide the Franchisor with a release as required by the Franchise Agreement. Summary judgment was granted to the Respondent. The motion judge found that there was no basis for the guarantor to assert a set-off and that the Franchisee’s claim for damages flowing from the loss of the sale was statute barred. The Court of Appeal found no error on the part of the motion judge and dismissed the Applicants’ appeal. The Respondent’s cross-appeal of the amount awarded by the motion judge was allowed and a reference was directed to determine the amount owing as of the date of the judgment.
Lower court rulings
Ontario Superior Court of Justice
CV-15-542657
Summary judgment granted to the Respondent in the amounts of $38,000 and $79,000; Applicant’s counterclaim for damages, struck
Court of Appeal for Ontario
C62520, 2017 ONCA 286
Applicants’ appeal dismissed; Respondent’s cross-appeal allowed; Amount owing as of the date of the judgment directed to be determined.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available