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Ben’s key takeaways from the Garcha Bros Meat Shop Ltd. v. Singh decision

Take 2 minutes to review Ben's key takeaways from this case. 

Question Title

* 1. What do you think is the most important takeaway from this case? Rank each takeaway in order of importance to you (with 1 being the most important and 4 being the least important).

  1. A franchisor's allegation of damage to the goodwill of the franchise system will have stronger chance if it is, as here, backed by supporting evidence from other franchisees and if the current operation is a "sham".
  2. A former franchisee cannot circumvent a non-competition covenant through family members or other non-arm's length parties. 
  3. A court will not seriously entertain arguments about the enforciblity of a non-competition covenant when the competing business appears to be a "sham".
  4. A court is more likely to enforce a radius restriction in a non-competition covenant if there are no other franchised locations withing that radius. 
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