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  • Article

    Distributorship Or Franchise? The Significance Of Control And Assistance In Determining The Application Of Franchise Legislation

    A recent lower court decision in Manitoba (found here) provides further guidance in determining whether a business arrangement ...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Do The Math: Ontario Court Declares That Franchisee Is Not An Employee

    In the recent case of France v Kumon, 2014 ONSC 5890, the Superior Court of Justice found that a franchisor was required to provide a longstanding franchisee with 18 months termination notice...
    CanadaCorporate/Commercial Law
    Cassels
Cassels
  • Article

    Fit For Life Or Fit For Rescission? Ontario Superior Court Confirms That A Deficient Certificate In An FDD Is A Fatal Flaw

    A recent decision of the Ontario Superior Court of Justice (the Court) highlights the risks for franchisors and principals of franchisors for failure
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Franchisees' Class Action Certified Against General Motors Of Canada Limited

    A recent Ontario court decision certifying a class action on behalf of 207 franchisees against their franchisor, General Motors of Canada Limited (GM), contains three important messages franchisors should consider in dealing with franchisees.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Happy FranCanada Day – Electronic Delivery Of FDD's In Ontario On July 1st

    With these amendments, Ontario franchise legislation has received a mini-modernization-makeover.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    How Will Canada's New Anti-Spam Law Affect Your Franchise?

    If it feels like you’ve been hearing about the drafting, re-drafting and re-re-drafting of Canada’s anti-spam legislation for years, it’s because you have.
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Jonathan Mesiano-Crookston co-chairs the Ontario Bar Association's 16th Annual Franchise Law Conference on November 17, 2016

    Jonathan Mesiano-Crookston will co-chair the Ontario Bar Association's 16th Annual Franchise Law Conference on November 17, 2016
    CanadaCorporate/Commercial Law
    Goldman Hine LLP
    Goldman Hine LLP
  • Article

    Mamma Mia! Ontario Court Upholds Termination Of The Franchise Agreement Of An Overholding Franchisee

    A recent Ontario Superior Court decision examines the termination of a month-to-month franchise agreement following failed renewal negotiations between a pizza chain franchisor and its former franchisee.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Court Confirms Low Threshold For Setting Aside Default Judgment

    In 2355305 Ontario Inc. v. Savannah Wells Holdings Inc., 2019 ONSC 1220, the Ontario Superior Court of Justice recently confirmed the relatively low threshold for the granting of a motion.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Court Reaffirms Extensive Franchisee Protection In Class Actions

    "Trillium Motor World Ltd.. v. General Motors Canada Ltd." and "Cassels Brock and Blackwell LLP" is the latest in a string of recent franchisee favourable decisions in class action claims made under the "Arthur Wishart Act (Franchise Disclosure)".
    CanadaCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Ontario Court Rejects ‘Audacious' Attempt By Franchisee To Escape Loan Obligation

    In a recent decision of the Ontario Superior Court of Justice, Royal Bank of Canada v. Everest Group Inc.1, the Court rejected a novel and creative franchise-related argument ...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Court Strikes Pleadings In Franchise Dispute

    In 1051214 Ontario Limited v. Vivo Pizza Pasta Franchise Inc.,1 the defendant franchisor successfully brought a motion to strike a variety of claims made against the franchisor and/or its principal, Pino Trichilo.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario's Franchise Law Needs An Upgrade

    When advising franchise clients, franchise lawyers frequently lament the relative infancy of the industry’s legislation in Ontario.
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Proposed Franchise Bill Introduced In B.C.

    On Monday, October 5, the Liberal government in B.C. introduced Bill 38 (the Bill), enacting a Franchises Act (the Act), for first reading in its legislature.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Recent Ontario Court Decision Outlines The Limitation Period For Rescission Claims Under Ontario’s Franchise Legislation

    In a recent decision of the Ontario Superior Court of Justice, 2130489 Ontario Inc. v. Philthy McNasty’s (Enterprises) Inc. (2011 ONSC 6852), the court examined the issue of limitation periods in respect of statutory rescission claims under the Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act").
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Restaurant Franchisor Succeeds In Removing Itself From Franchisee "Trip And Fall" Case

    Franchisors are often dragged into legal disputes between their franchisees and those franchisees' customers and employees.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Subleases And Additional Disclosure: What Happens If I Have Signed A Franchise Agreement But Haven't Yet Found A Location?

    For franchisors selling franchises in those provinces with franchise disclosure legislation, the law requires that they must provide all prospective franchisees in those provinces with a disclosure document.
    CanadaCorporate/Commercial Law
    Sotos LLP
    Sotos LLP
  • Article

    The Future Of Franchising In Saskatchewan: The Franchise Disclosure Act

    On November 9, 2023, The Government of Saskatchewan introduced Bill 149, The Franchise Disclosure Act (the "Act"), which proposes a legislative regime that will govern franchised businesses in Saskatchewan...
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    The Supreme Court Of Canada Dismisses Franchisee Attempt To Avoid Guaranty Obligations

    The guarantor argued that the company's losses should be set off against the amounts the guarantor owed to Cora under the guaranty.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    The Writing's On The Wall: The Ontario Superior Court Of Justice Rejects An Attempt To Enjoin A Franchise Agreement Termination Based On Unauthorized Product Use

    In Kalbow Restorations Inc. v. Goodbye Graffiti Inc., the Ontario Superior Court of Justice rejected an attempt by a franchisee (Kalbow) to seek injunctive relief preventing the franchisor...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Showing 221–240 of 930 results

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