ArticleBC Law Institute Recommends Franchise Legislation For British ColumbiaThe British Columbia Law Institute released its report on a Franchise Act for British Columbia.CanadaCorporate/Commercial LawGowling WLG
ArticleBritish Columbia Seeking Input On Proposed Franchising LegislationOn September 10, 2014, the Government of British Columbia announced that it is seeking public consultation in respect of its proposed franchising legislation.CanadaCorporate/Commercial LawGowling WLG
ArticleBusinesses Brace For Tough Anti-Spam Legislation In CanadaWhile Canada remains one of the last developed countries to implement anti-spam legislation, it has responded with some of the toughest anti-spam legislation in the world.CanadaCorporate/Commercial LawGowling WLG
ArticleCorruption Risks Facing FranchisorsOver the past few years, Canadian companies have become increasingly aware of potential civil and criminal liability arising from improper business practices abroad. CanadaCorporate/Commercial LawGowling WLG
ArticleDon't Count Your Chickens Before They Hatch: Taking Deposits Under The Arthur Wishart ActWhile established franchisors often have years of franchise fees, royalty payments and advertising fund contributions to fund their ongoing operations, up until recently new franchisors...CanadaCorporate/Commercial LawTorkin Manes LLP
ArticleFranchisors’ Disclosure Obligations Triggered Before Execution of Franchise AgreementEven in the absence of an executed franchise agreement, your business relationship could be characterized as one of franchise and, as a result, subject to disclosure obligations contained in the Arthur Wishart Act (Franchise Disclosure) (the Act). CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleImmigration Changes Impact Canadian Franchisees - Moratorium On Food Service Industry Access To Temporary Foreign Worker ProgramMinister Jason Kenney announced on April 24, 2014 that all restaurants would be barred from accessing the Program to hire foreign workers in Canada.CanadaCorporate/Commercial LawDale & Lessmann LLP
ArticleInjunction Goes Up In Smoke: Ontario Court Declines To Grant An Injunction Motion Against A Rebranded Cannabis StoreThe Court declined to grant the injunction to prevent 270 from operating the two locations as "Roll N Rock Cannabis."CanadaCorporate/Commercial LawCassels
ArticleIs The Arthur Wishart Act Applicable To My Franchise Agreement?The Arthur Wishart Act applies to franchise agreements entered into after July 1, 2000, if the business operated under the franchise agreement is operated or is to be operated...CanadaCorporate/Commercial LawSorbara Law
ArticleManitoba's Franchise Law Comes Into Force October 1, 2012The grant of franchises in the Province of Manitoba will be subject to regulation as of October 1, 2012, joining Ontario, Alberta, New Brunswick and Prince Edward Island with pre-sale disclosure legislation in Canada. CanadaCorporate/Commercial LawGowling WLG
ArticleNew Franchise Legislation In SaskatchewanFranchise disclosure statutes in Canadian commercial law have been designed to ensure transparency and fair dealing between franchisors and prospective franchisees. CanadaCorporate/Commercial LawMcKercher LLP
ArticleOntario Court Of Appeal Dismisses Dealers' Appeal Related To GM RestructuringOn July 4, 2017, the Ontario Court of Appeal dismissed the appeal by the Representative Dealer in a franchise class action commenced against General Motors Canada Ltd. relating to the restructuring of its dealer network in 2009. CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleOntario Court Rules There Is No "Material Change" Where The Franchisee Had Knowledge Of ChangesIn 1201059 Ontario Inc. and Pizza Pizza Limited, the Ontario Superior Court of Justice addressed the disclosure obligations of a franchisor in the context of the renewal of a franchise agreement when the franchisee is required to incur substantial renovation costs to its business premises.CanadaCorporate/Commercial LawCassels
ArticleOntario Court Upholds Restrictive Covenants In Franchise AgreementFranchise agreements often contain covenants restricting the activities of a franchisee both during the term of the franchise agreement and for a period afterwards. CanadaCorporate/Commercial LawMcCarthy Tétrault
ArticleOntario Releases Regulation Under Healthy Menu Choices Act, And Franchisors Are At Risk!The Healthy Menu Choices Act (the Act) will require regulated food service premises with 20 or more locations in Ontario that are selling prepared ready-to-eat food to post itemized caloric content on menus.CanadaCorporate/Commercial LawCassels
ArticleRepresenting Franchisor And Franchisee ClientsIt is sometimes expressed by members of the franchise community that a lawyer’s representation of both franchisor and franchisee clients may lead to that lawyer’s taking inconsistent positions in servicing their clients.CanadaCorporate/Commercial LawDale & Lessmann LLP
ArticleSaskatchewan Franchise Legislation Coming Into Force June 30, 2026As written in a previous Osler Update, Saskatchewan recently became the seventh Canadian province to enact franchise legislation, joining Alberta, Ontario, Prince Edward Island...CanadaCorporate/Commercial LawOsler, Hoskin & Harcourt LLP
ArticleSome Good News For Franchisors, But Not Out Of The Woods: Ontario's Proposed Changes To Employment And Labour Laws Could Still Impact FranchisingThe Ontario government has responded with surprising speed to the Final Report from the Changing Workplaces Review (the Final Report) by introducing Bill 148, the Fair Workplaces...CanadaCorporate/Commercial LawOsler, Hoskin & Harcourt LLP
ArticleThe Benefits Of Owning A FranchiseOwning a franchise can be a rewarding business opportunity for aspiring entrepreneurs. By investing in an established brand, franchise owners gain access to proven systems...CanadaCorporate/Commercial LawTaylor McCaffrey
ArticleThe British Columbia Law Institute Recommends Franchise Legislation In That ProvinceThe possibility of British Columbia legislation is a significant development for franchisors with existing franchisees in the province, or franchisors who intend to develop franchises there.CanadaCorporate/Commercial LawCassels