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  • Article

    A Message To Franchisors: "Mind Your Brand"

    In the decision Bertico Inc. et al v. Dunkin' Brands Canada Ltd. (2012 QCCS 2809), the Superior Court of Quebec emphasized some of the consequences that might be faced by a franchisor which let its brand "slide" or failed to protect and enhance it.
    CanadaCorporate/Commercial Law
    Robinson Sheppard Shapiro
    Robinson Sheppard Shapiro
  • Article

    Bill 96, Québec's New French Language Law, Has Passed – Here's What It Means For Your Franchise Business

    On May 24, 2022, the Québec National Assembly voted to pass Bill 96, An Act respecting French, the official and common language of Québec, which amends the Charter of the French Language(the Charter).
    CanadaCorporate/Commercial Law
    Cassels
Cassels
  • Article

    Building Uniformity: Saskatchewan's Franchise Disclosure Act Receives Royal Assent

    First introduced last fall, Saskatchewan's Bill 149, The Franchise Disclosure Act, received Royal Assent on May 8, 2024 (the "Act"). In doing so, Saskatchewan now joins British Columbia, Alberta, Manitoba...
    CanadaCorporate/Commercial Law
    McMillan LLP
    McMillan LLP
  • Article

    Business Disputes - Franchise

    A franchise business can be an extremely successful business model and is a common way to structure a business.
    CanadaCorporate/Commercial Law
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Dealership Agreements: They're Not For As Long As You Think

    When a dealer enters into an agreement with an automaker, it may be contemplating a forever, "till death do us part" kind of relationship. In the early stages...
    CanadaCorporate/Commercial Law
    Sotos LLP
    Sotos LLP
  • Article

    Electronic Delivery Of Franchise Disclosure Documents Coming To Ontario

    Franchisors offering franchises in Ontario will be pleased to know that the Ontario government has recently released an amended regulation to the Arthur Wishart Act (Franchise Disclosure), 2000...
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Franchise Agreements: Beware Of Misrepresentations

    On January 18, 2016, the Quebec Court of Appeal rendered an interesting judgment as to the consequences of a contract which precluded future claims, by a franchisee against its franchisor on the basis of false representations.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    New Year, New Look: Ontario Court Of Appeal Addresses What Constitutes Franchise Deidentification

    When a franchise relationship ceases, the franchisee generally has an obligation to deidentify, which means to stop using the intellectual property of the franchisor and to cease...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Court Of Appeal Narrowly Interprets Exemptions To Franchisors’ Disclosure Obligations

    Franchisors’ disclosure obligations may be triggered even where a franchisee is assigning its interest in a franchise to a third party.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Court Of Appeal Provides Guidance On The Definition Of "Franchisor’s Associate"

    A recent decision of the Court of Appeal for Ontario helps define the concept of "control" in relation to the definition of a "franchisor's associate".
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Court Of Appeal Shakes Up The Issue Of Restrictive Covenant Enforceability

    This decision may cause franchisors to pause before seeking to enforce a restrictive covenant covering a territory that they do not plan to re-franchise.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Court Of Appeal Upholds Springdale Decision And Finds Franchisor Not Necessarily Exempt From Disclosure In Resale Of Existing Franchise

    The franchisor, Springdale Pizza Depot Ltd., appealed the original decision that it could not avail itself of the resale disclosure exemption.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Court Rejects Franchise Class Action Settlement Agreement For Overbroad Release

    In 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corporation, the Ontario Superior Court of Justice recently dismissed a motion to approve a Settlement Agreement between the Franchisor and the Representative Franchisees on the basis of an overbroad unfair release.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Franchise Legislation – Tough Times For Franchisors

    As any Ontario franchisor will tell you, the last few years have not been a walk in the park for owners of franchise systems.
    CanadaCorporate/Commercial Law
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Out Of Scope – The Court Of Appeal Finds That The Duty To Supply Product Fit For Human Consumption Does Not Extend To Franchisees' Pure Economic Loss

    On April 30, 2018, the Court of Appeal for Ontario released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc., 2018 ONCA 407, reversing a decision granting summary judgment (in part) in favour of Mr. Sub...
    CanadaCorporate/Commercial Law
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Province Of Manitoba Enacts Franchise Legislation

    The grant of franchises in the Province of Manitoba will be subject to regulation as of October 1, 2012.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Raising A Red Flag – Competition Laws Being Used To Attach Non-Solicitation Clauses In US Franchise Agreements

    Is it Time for You to Consider Revising your Canadian Franchise Agreement to Remove the Risk?
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ring The Alarm: Ontario Court Dismisses Franchisee Motion For Partial Summary Judgment

    In Hepburn v. AlarmForce,1 the Ontario Superior Court of Justice considered the question of what constitutes a material change under the Arthur Wishart Act (Franchise Disclosure), 2000.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Saskatchewan Officially Becomes Canada's Seventh Province With Franchise Legislation

    Saskatchewan has officially become the seventh Canadian province to enact its own provincial franchise legislation, joining Ontario, Alberta, British Columbia, Manitoba...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Smells Like Bias? The Ontario Court Of Appeal's Decision In Aroma Sets Out The Rules Regarding Arbitrator Bias

    In Aroma Franchise Company Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Ontario Court of Appeal weighed in on the issue of arbitrator...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Showing 301–320 of 931 results

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