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  • Article

    Substance Over Form: The Ontario Court Of Appeal Provides Guidance On Wishart Act Damages

    A recent decision of the Ontario Court of Appeal has provided franchisors and franchisees with further guidance on how to calculate statutory rescission damages under section 6 of Ontario's Arthur Wishart Act (Franchise Disclosure), 2000.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Supreme Court Of Canada Clarifies The Law Of Tort For Pure Economic Losses And Highlights The Necessity Of Contracts

    In 1688782 Ontario Inc. v. Maple Leaf Foods Inc. 2020 SCC 35, the Supreme Court of Canada concluded that franchisees could not make a claim against a supplier, Maple Leaf Foods...
    CanadaCorporate/Commercial Law
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP
  • Article

    Sweet Success: Supreme Court Of Canada Denies Dairy Queen Franchisee's Leave Application

    The Supreme Court of Canada has dismissed a former Dairy Queen franchisees' application for leave to appeal a decision affirming the franchisor's enforcement of a Mutual Cancellation and Release
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    The American Franchise Act: What It Could Mean For Canadian Franchisors

    The American Franchise Act ("AFA"), a bipartisan bill currently moving through U.S. Congress, could help bring clarity to franchising as a business model, with implications for Canadian operators.
    CanadaCorporate/Commercial Law
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    The Butcher's Block (Part 2): Bc Supreme Court Finds Franchisee Parties In Contempt For Breach Of Injunction Order

    It is rare that there are follow-up decisions from franchise injunctions, but a recent British Columbia Supreme Court (BCSC) decision demonstrates that if a franchise...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    The Duty Of Good Faith - What Does It Mean?

    In Ontario, the law governing franchising is called the Arthur Wishart Act (Franchise Disclosure), 2000. It was introduced to level the playing field between franchisors and franchisees, especially with respect to their level of informational imbalance.
    CanadaCorporate/Commercial Law
    Goldman Hine LLP
    Goldman Hine LLP
  • Article

    The Impact Of Uber Eats, SkipTheDishes, And Other Online Ordering And Delivery Platforms On Your Franchise Agreement

    Among the many technological changes affecting today's franchise networks, we find the advent, rise and proliferation of online ordering and delivery platforms like Uber Eats, SkipTheDishes, Just Eat, Foodora and a growing number of similar operations.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Understanding The General Security Agreement In The Franchise Agreement

    The volume of documents that a franchisee must review and sign when entering into a franchise agreement can be daunting.
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Virtually Guaranteed: Amendments To Alberta's Guarantees Acknowledgment Act

    Most forms of franchise agreements require the provision of a personal guarantee by the franchisee shareholders to guarantee the franchisee corporation's obligations under the agreement.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    What Expenses Can Be Allocated To The Joint Advertising Fund?

    In addition to the initial franchise fee and to the royalty, the vast majority of franchisors require their franchisees to make a contribution (often calculated, like the royalty, on the basis of a percentage...
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Changing Workplaces Review – Final Report: Potential Impact On Franchises

    The Final Report has just been released for the Changing Workplaces Review, containing recommendations for legislative changes to Ontario's Employment Standards Act, 2000 and Labour Relations Act, 1995.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Hidden Employment Liabilities For Franchisors: What You Need To Know In Ontario

    Franchise businesses come with their own unique blend of benefits and challenges, but a rarely discussed area is the intersection of franchise law with employment law.
    CanadaEmployment and HR
    Spring Law
    Spring Law
  • Article

    Client Spotlight: Go Oil Canada

    This is the story of how Jonathan Sparrow, Founder, Owner and CEO of Go Oil Canada created a company that would become Canada's largest mobile oil change franchise.
    CanadaEnergy and Natural Resources
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Healthy Eating Laws - Coming Soon To An Ontario Restaurant Near You!

    Potentially big developments for the franchised restaurant sector as political parties are lining up to propose new laws relating to healthy eating.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Ontario Court Of Appeal Upholds Lower Court Decision On Franchisee Right Of First Refusal

    In 3574423 Canada Inc. v. Baton Rouge Restaurants Inc., the Ontario Court of Appeal recently upheld the judgment of Justice David M. Brown of the Superior Court of Justice dismissing the action of a franchisee who was seeking damages.
    CanadaLitigation, Mediation & Arbitration
    Cassels
    Cassels
  • Article

    Ontario Court Of Appeal Upholds Superior Court Analysis Of Statutory Disclosure Exemption

    TA & K Enterprises Inc., the franchisee, entered into a retail franchise agreement with Suncor Energy Products Inc., the franchisor, on November 11, 2008.
    CanadaLitigation, Mediation & Arbitration
    Lapointe Rosenstein Marchand Melancon
    Lapointe Rosenstein Marchand Melancon
  • Article

    Summary Judgment: The New Tool In Franchise Litigation?

    The franchisor of Caffé Demetre restaurants has won its motion for summary judgment against a former franchisee.
    CanadaLitigation, Mediation & Arbitration
    Cassels
    Cassels
  • Article

    Franchising In Canada

    Franchising is not as heavily regulated in Canada as it is in a number of other jurisdictions, including the United States.
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Government Of Saskatchewan Seeking Public Comments On Implementing Franchise Legislation

    The Saskatchewan Ministry of Justice and Attorney General has set up a webpage to seek public comments on the Government of Saskatchewan considering implementing franchise legislation...
    CanadaCorporate/Commercial Law
    McKercher LLP
    McKercher LLP
  • Article

    Let’s Arbitrate: Arbitration Clauses As A Tool For Avoiding Class Proceedings

    In a remarkable case for franchisors, a proposed franchise class action was dismissed on the basis that the language of an arbitration clause precluded class proceedings.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Showing 321–340 of 931 results

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