ArticleIs Your Disclosure Document "Clear And Concise"?The disclosure document is the centrepiece of franchise law in Canada.CanadaCorporate/Commercial LawDale & Lessmann LLP
ArticleIt's Official! BC Releases Long Awaited BC Franchises Act Regulation!Further to our previous posts the much anticipated BC Franchises Regulation was released today, and it was proclaimed that the Franchises Act, SBC 2015, c 35 will come into force effective February 1, 2017.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleJaytex Opens First L.L.Bean Store In CanadaOn Aug. 23, 2019, Jaytex Group opened the first L.L.Bean retail store in Canada at Oakville Place near Toronto, with plans to add more than 50 L.L.Bean in-store locations in Hudson's Bay CanadaCorporate/Commercial LawGowling WLG
ArticleLe Comité Des Sages: La Conscience Collective D'un Réseau De FranchisesCe bulletin est destiné aux franchiseurs, aux dirigeants et gestionnaires de réseaux de franchises et aux consultants en franchisage. CanadaCorporate/Commercial LawFasken (French)
ArticleLeasing Options In Franchise AgreementsWhen it comes to placing a franchisee at a particular location, franchisors generally have two options – be the tenant or don’t be the tenant.CanadaCorporate/Commercial LawDale & Lessmann LLP
ArticleNo Obligations Of Disclosure On Renewal If There Are No Material Changes1201059 Ontario Inc. v Pizza Pizza Ltd., 2013 ONSC 5200, is a recent decision out of Ontario that addresses the disclosure requirements of a franchisor with respect to the obligation of a franchisee to incur substantial costs to renovate a store on renewal of the franchise agreement.CanadaCorporate/Commercial LawGowling WLG
ArticleOntario's Proposed Menu Labelling Law - Government Listens And Changes Law To Protect Franchisors From LiabilityThe Bill, as originally drafted, purposefully defined franchisors of food services establishments as "owners and operators" and, as such, made franchisors liable for franchisee compliance with the legislation. CanadaCorporate/Commercial LawCassels
ArticleOntario Court Grants Statutory Rescission For Multiple Disclosure FailuresIn March 2013, the Ontario Superior Court of Justice released a new rescission remedy decision that underscores the serious consequences resulting to franchisors from deficiencies in their disclosure documents required under Ontario’s Arthur Wishart Act ("the Act").CanadaCorporate/Commercial LawCassels
ArticleOntario Court Of Appeal Confirms Limitation Period For Rescission Actions Under Ontario’s Franchise LegislationThe Ontario Court of Appeal recently heard an appeal of a decision Cassels discussed in its February 2012 e-Communique, the Ontario Superior Court of Justice decision in 2130489 Ontario Inc. v. Philthy McNasty’s (Enterprises) Inc. (2011 ONSC 6852). CanadaCorporate/Commercial LawCassels
ArticleOntario Court Of Appeal Confirms That Investors Who Do Not Become Franchisees Are Not Entitled To Statutory DisclosureWe are pleased to report that A&B litigation partners, Tim Hill and Atoosa Mahdavian, recently won an appeal which reaffirms their previous trial level success relating to the Arthur Wishart Act , 2000, S.O. 2000, c. 3.CanadaCorporate/Commercial LawAird & Berlis LLP
ArticleOntario Court Of Appeal Upholds Collection Of Amounts Owed By Franchisee Under GuarantyThe decision provides a helpful assurance to franchisors that Ontario courts will assist franchisors in enforcing their contractual rights against guarantors.CanadaCorporate/Commercial LawCassels
ArticleOntario Proposes Electronic Delivery For Disclosure DocumentsThe Ministry of Government and Consumer Services is proposing changes to Regulation 581/00 to the Arthur Wishart Act (Franchise Disclosure), 2000 to permit electronic delivery of disclosure documents. CanadaCorporate/Commercial LawGowling WLG
ArticleOntario Superior Court Of Justice Enforces Non-Competition Covenant Against Former Franchisee, Her Spouse, And Their Corporate Alter EgoIn Pet Valu Canada Inc. v. 1381114 Ontario Limited, the Ontario Superior Court of Justice granted Pet Valu’s motion for an interim injunction to prevent the operation of a competing business by a former franchisee, its principal, the principal’s husband, and their corporate alter ego. CanadaCorporate/Commercial LawCassels
ArticlePicking the Right FranchiseeA discussion on why for franchisors should carefully screen franchisee candidates in as many ways as are possible (and legally permissible) in order to determine how viable a prospect is for long-term achievement within the system.CanadaCorporate/Commercial LawDale & Lessmann LLP
ArticlePrint Three Offers Glimpse Of A Post-Raibex WorldThe request for summary judgment in 1680960 Ontario Inc v Print Three Franchising Corp, 2018 ONSC 1192 stems from the sale ...CanadaCorporate/Commercial LawOsler, Hoskin & Harcourt LLP
ArticleProposal for a "Franchise Act" in British Columbia, CanadaThe British Columbia Branch of the Canadian Bar Association has recently issued an "Agenda for Justice" which includes the following recommendations for legislation to the Government of BC. CanadaCorporate/Commercial LawDLA Piper
ArticleProposed Amendments To Franchise Legislation In Alberta And OntarioWe encourage franchisors subject to the Ontario franchise legislation to submit any comments before May 2, 2016.CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleSaskatchewan Considers Adoption Of New Franchise LegislationFor the first time ever, the Government of Saskatchewan is in the process of considering the enactment of provincial franchise disclosure legislation.CanadaCorporate/Commercial LawCassels
ArticleSaskatchewan Introduces New Proposed Franchise LegislationOn Thursday, November 9, 2023, the provincial government of Saskatchewan introduced its franchise legislation bill, titled Bill 149, The Franchise Disclosure Act (the Bill) for first reading in the provincial legislature.CanadaCorporate/Commercial LawCassels