January 31, 2024 marks 23 years since the Arthur Wishart Act
(Franchise Disclosure), 2000 [the "Act"]
was declared in force. My partner, Joseph Adler, and I co-founded
Hoffer Adler LLP in 2004, just prior to the first significant court
decisions beginning to interpret the Act. 2004 marked my
first serious foray into franchise law. 2024 marks the 20th
anniversary of our firm.
Perhaps it's timely for a few informal observations on
significant elements of the jurisprudence and the practical effect
of the Act, based on 20 years of deep immersion into
franchise litigation. (Caveat: As a litigator, I deal with
disputes, so that's what I can write about. My comments below
are not intended to cast in a bad light the many franchise systems
and franchisees who have good and functional working relationships,
providing jobs and services and contributions to the economy.)
Observations and comments:
