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  • Article

    Ontario Court Of Appeal Considers Interplay Between Rescission Remedy And Mandatory Mediation

    In PQ Licensing S.A. v. LPQ Central Canada Inc., 2018 ONCA 331, the Ontario Court of Appeal considered whether a mandatory mediation provision in a franchise agreement had the effect of postponing the running of a limitation period for statutory recession.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Court Of Appeal Considers Scope Of Franchisor’s Duty To Disclose Outside Mandatory Disclosure Context

    Franchise and distribution networks are common business methods employed by Canadian industry and commerce across most sectors of the Canadian economy.
    CanadaCorporate/Commercial Law
McCarthy Tétrault
McCarthy Tétrault
  • Article

    Québec Superior Court Reaffirms Importance Of Franchisors Keeping Their Invoices

    In Mise en marché Marketech inc. v. Plante, 2018 QCCS 2799, the Québec Superior Court gave an opinion as to the value of an account statement issued by a franchisor to prove what the franchisee owed.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Saskatchewan Enacts Franchise Disclosure Legislation - Effective June 30, 2026

    On June 30, 2026, The Franchise Disclosure Act, SS 2024, c 13 (the "Act") and The Franchise Disclosure Regulations, SR 29/2025 (the "Regulations") come into force in Saskatchewan.
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    The Canadian Consumer: Regional Differences And Buying Behaviour

    A franchise system opens its first Canadian location in the Greater Toronto Area and performs in line with projections. The same brand, the same price points, the same marketing message, opens eighteen months later in a mature site in Alberta with comparable foot traffic and comparable operating costs. Sales run materially below the Toronto comparable. A franchisor investigating the gap often looks first at the operator.
    CanadaCorporate/Commercial Law
    Siskinds LLP
    Siskinds LLP
  • Article

    The Challenges And Risks For A Franchisor Of A Dispute Between The Shareholders Of A Franchisee: Six Practical Tips!

    The management and operation of a franchised business requires considerable time and energy on the part of the franchisee. In addition, many franchised businesses also require financial resources...
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    The Four Categories Of Territories In A Franchise Agreement: Relevant Or Outdated?

    A recent advertisement by a franchise network seeking new franchisees highlighted the fact that franchisees in this network benefited from a "real territorial exclusivity".
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    These Are The New Laws That Will Impact The Canadian Franchise Industry

    As we enter the home stretch of 2016, there are a number of significant legal developments to be aware of which will impact the Canadian franchise industry, either to close out the year, . . .
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    "Time" To End The Relationship: Ontario Court Weighs In On Franchise Agreement Overholding

    The franchisee resisted the claim by arguing that it was statute barred under the Ontario Limitations Act.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Une meilleure formation est votre meilleure garantie d'une excellente exécution

    Ce bulletin est destiné aux franchiseurs, aux dirigeants et gestionnaires de réseaux de franchises et aux consultants en franchisage.
    CanadaCorporate/Commercial Law
    Fasken (French)
    Fasken (French)
  • Article

    What Does COVID-19 Mean For Franchise Systems?

    On March 11, 2020, the World Health Organization declared COVID-19 a global pandemic. As the situation evolves, the day-to-day affairs of businesses are constantly changing
    CanadaCorporate/Commercial Law
    Siskinds LLP
    Siskinds LLP
  • Article

    Wild Wing Ruling Raises Red Flags For End-of-Year Resales

    As franchisors work to finalize year-end transfers and resales, a recent Ontario Court of Appeal decision serves as a timely warning of how easily the resale exemption...
    CanadaCorporate/Commercial Law
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Indemnity Clause In Franchise Agreement Allows Class Action Defendant To Enforce Costs Award Against Representative Plaintiff's Sole Shareholder

    The recent decision in Pet Valu Canada Inc v Rodger, 2018 ONSC 3353 ("Pet Valu") is a good reminder of the importance of well-drafted and robust indemnity clauses for legal costs
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Pros And Cons Of Leveraging Brands By Co-Branding

    Co-branding occurs when two brand names are used together at the same time. In the most extreme form of co-branding, two brands are presented together to create synergies and increase consumer demand.
    CanadaMedia, Telecoms, IT, Entertainment
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Are Franchisors Joint Employers With Their Franchisees?

    Franchising owes much of its success to the nature of the relationship between franchisor and franchisee.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Dakin Care Of Business: What Not To Do When Managing Franchise Transfers And Disclosure

    A recent case from the Ontario Court of Appeal, 2256306 Ontario Inc. v. Dakin News Systems Inc., demonstrates some of the pitfalls that franchisors can face when navigating the treacherous waters of franchise transfers and disclosure.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Existing Franchisees with a Right of First Refusal Must Actually Exercise that Right in Order to Trigger Franchise Disclosure Obligations

    The Ontario Superior Court of Justice recently dismissed a franchisee plaintiff’s action for $15 million in damages arising out of a franchisor’s alleged failure to honour a right of first refusal and adhere to its disclosure obligations under Ontario’s franchise legislation, the Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act").
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Franchises In Saskatchewan – Agreement Considerations For Potential Franchisees

    When you stop in the morning to get a coffee at a local fast food drive-thru, chances are you are dealing with a business that is part of a national franchise network.
    CanadaCorporate/Commercial Law
    McKercher LLP
    McKercher LLP
  • Article

    Ontario Court Rules Automotive Dealership May Not Be A Franchise Under Ontario Franchise Legislation

    On August 31st 2012, in the case of Butera et al. v. Mitsubishi Motors et al., the Ontario Superior Court of Justice granted a motion for summary judgment brought the defendants, Mitsubishi Motor Sales of Canada Inc. (MMSCAN).
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    What We Are Up To (Franchise) (Winter 2021/2022)

    Larry Weinberg spoke at the CFA's How to Franchise Your Business Seminar on October 5, 2021.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Showing 281–300 of 930 results

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