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  • Article

    New Franchises Act In British Columbia: A Little Less Certainty, A Little More Regulation For Franchisors

    On October 5, 2015, the British Columbia government introduced a draft Franchises Act (BC Act).
    CanadaCorporate/Commercial Law
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    New Menu Laws Coming To Ontario

    Just when I was starting to feel that proposing new menu labelling laws was so early-2014, along come two major announcements from the provincial Liberals and U.S. federal government...
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
Article

Non-Competition Clauses May Bind Non-Arm's Length, Non-Signatories To A Franchise Agreement

The recent decision Pet Valu Canada Inc. v. 1381114 Ontario Limited1is unique because it is one of the first decisions in Canada to explicitly hold that non-competition clauses may be binding on non-arm’s length parties to a franchise agreement.
CanadaCorporate/Commercial Law
Gowling WLG
Gowling WLG
  • Article

    Not So Fast! Ontario Court Finds Franchise Grant "Premature"

    The Ontario Superior Court of Justice allowed a franchisee to rescind its franchise agreement on the basis that it signed the agreement when critical information regarding costs had not yet come into existence.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Oh Snap!: Franchisors May Be Liable for Human Rights Complaints Initiated By Employees Of Franchisees In British Columbia

    The Tribunal was clear that each franchise relationship will be governed by the franchise agreement.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Court Grants Injunction To Protect Franchisor From Rogue Franchisees

    The Court in this case allowed the Franchisor's motion for a negative injunction against the franchisees thereby terminating their businesses and denied the franchisees' motion for an injunction preventing such termination.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Court Of Appeal Refuses To Read Down Or Sever General Release Clause In Franchise Agreement

    The Ontario Court of Appeal recently upheld a decision striking down a general release clause in a franchise agreement, even though the franchisor sought to be released from non-statutory claims only.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Court Rejects Claim That Distributor Was A Franchisor’s Associate

    The plaintiffs’ attempt to elevate a distributor and licensor relationship to that of a partnership or "franchisor’s associate" relationship was properly rejected by the court.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Proposed Menu Labelling Law – Healthier Choices For Consumers, No Choice For Food Chains

    On November 24, 2014, the Ontario government introduced Bill 45, the Healthy Menu Choices Act, 2014.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Québec Court Of Appeal Upholds Liability, Reduces Damages In Dunkin' Brands Canada Ltd. v. Bertico Inc.

    The Québec Court of Appeal has issued its reasons in the appeal of a trial decision awarding $16M in damages to former Dunkin’ Donuts franchisees.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Reduce, Reuse, Responsibility: Ontario Extends Producer Responsibility Under Its New "Blue Box" Waste Management Reforms

    On June 3, 2021, Ontario announced new blue box reforms under the Resource Recovery and Circular Economy Act, 2016 that will replace the current Stewardship Ontario Blue Box Program between July 1, 2023 and December 31, 2025.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Separation Anxiety: The British Columbia Supreme Court Reminds Franchisors That Related Franchisees Still Need To Be Disclosed Separately

    The recent British Columbia Supreme Court in Taprobane Group Holdings Ltd. v. Brownies Foods Ltd. is a warning to franchisors that the exemptions from franchise disclosure...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Summary Judgment In Obsidian Contested Franchise Disclosure Case Denied

    The Supreme Court has recently denied leave to appeal from the decision of the Ontario Court of Appeal in 2212886 Ontario Inc. v. Obsidian Group Inc., 2018
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Court Of Appeal Clarifies Interplay Between The Limitations Act, 2002 And The Arthur Wishart Act (Franchise Disclosure), 2000

    In 2130489 Ontario Inc. v. Philthy McNasty's (Enterprises) Inc., the Ontario Court of Appeal (ONCA) clarified how the limitation period in the Limitations Act, 2002 (Limitations Act) interacts with the time periods for rescission set out in the Arthur Wishart Act (Franchise Disclosure), 2000 (Act).
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The "Recipe" For A Proper Renewal: Ontario Court Rules Against A Franchisee Attempting To Stop A Franchise Expiration

    A recent decision of the Ontario Superior Court of Justice provides a helpful precedent for franchisors seeking to confirm and enforce the expiry of their franchise agreements.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Watch The Extra Step... When Crossing The Resale Exemption Path

    Three recent decisions dealing with the Resale Exemption have reaffirmed the court's narrow interpretation and application of the Resale Exemption.
    CanadaCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    What We're Up To – Fall 2020

    Caitlin Russell spoke at an Ontario Bar Association webinar on April 3, 2020 on "Critical Franchise Issues: Current Rescission, Lease, Employment and Litigation Concerns."
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Will British Columbia Enact Franchise Legislation? Make Your Voice Heard Now!

    The British Columbia Law Institute has issued a Consultation Paper on a Franchise Act for British Columbia.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Big Law Pay: Pay Cuts Or Paper Cuts ?

    About a month ago, April 5th to be exact, the Globe and Mail ran a piece about Big Law cuts in response to Covid-19.
    CanadaEmployment and HR
    CITO Energy Law
    CITO Energy Law
  • Article

    Ontario Releases Changing Workplaces Review Final Report: Franchising Gets More Than It Bargained For

    The Final Report of the Province of Ontario's Changing Workplaces Review was released on May 23, 2017.
    CanadaEmployment and HR
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Showing 361–380 of 931 results

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