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  • Article

    Cannabis License Act: Franchising Implications

    Before the Ontario Cannabis License Act was passed, I wrote about the relative merits of corporate store ownership and franchising as business models for cannabis retail.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Siskinds LLP
    Siskinds LLP
  • Article

    She Has Blonde Hair And A Beauty Mark, But Is It Really Marilyn? All Trademark Licenses Are Not Franchises

    There are significant consequences for a relationship being characterized as a franchise.
    CanadaIntellectual Property
    Blaney McMurtry LLP
    Blaney McMurtry LLP
Article

No Agreement, No Conspiracy: Ontario Court Affirms Civil Conspiracy Requires A Pleaded Agreement

Ontario appellate courts continue to underscore that civil conspiracy claims must observe principles of corporate separateness. In Cervantes v. Pizza Nova Take Out Ltd., 2026 ONSC 713...
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
  • Article

    Superior Court Orders Dunkin’ Donuts To Pay $16.4M To 21 Québec Former Franchisees

    After a legal proceeding that lasted nine years, the Superior Court of Québec's Justice Daniel H. Tingley ordered Dunkin' Brands Canada Ltd. to pay plaintiffs $16.4 million in damages, plus legal interest and expert witness costs.
    CanadaReal Estate and Construction
    Fasken
    Fasken
  • Article

    Best Practices: Is It Time For Your Franchise Agreement To Have A Tune-Up?

    Most Canadian franchisors are now following the practice of having their franchise disclosure documents reviewed and updated annually in order to comply with disclosure items ...
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Saskatchewan’s Franchise Disclosure Act Comes Into Force June 30

    On June 30, 2026, Saskatchewan’s first franchise legislation – The Franchise Disclosure Act (the Act) and The Franchise Disclosure Regulations – will come...
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Court Of Appeal Dismisses Pet Valu Class Action And Confirms Courts Not To Recast Common Issues Where Prejudicial To Defendants

    Pet Valu's appeal arose in the context of a class action brought against the franchisor by its franchisees.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Cassels Brock Successful In Landmark Appeal Decision On Class Action Opt-Out Procedure

    In a landmark unanimous franchise class action decision, the Ontario Court of Appeal has overturned a lower court decision to invalidate certain opt out notices delivered in a class proceeding between Pet Valu Canada Inc. ("Pet Valu") and its franchisees.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Claim Against Former Franchisee For Soliciting Customer Lists "Turfed" By BC Court

    The Provincial Court of British Columbia dismissed the claims of a franchised business purchaser seeking to rely on purported non-competition provisions.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Franchise And Distribution @ Gowlings - May 13, 2011 - Volume 5, Number 2

    On March 18, 2011, the Supreme Court of Canada released its long-awaited decision in "Seidel v. Telus Communications Inc." ("Telus"), clarifying the state of the law regarding arbitration clauses and whether they act as a bar to class action proceedings in contracts of adhesion, being contracts presented without any ability to negotiate their terms.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    How To Determine If Your Initial Franchise Fee Is Really Appropriate?

    Obviously, because every franchisor is different and, even more so, because the initial services differ from one franchisor to another, there is no single answer to this question.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Multi-Concept Franchising And The Provigo Judgment: An Important Reminder!

    For several years now, we have witnessed, in several sectors of activity (notably in the restaurant industry and in automotive after market services and products), the regrouping of franchise...
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    New Horizons In Franchising: Understanding Saskatchewan's Franchise Disclosure Act

    The Province of Saskatchewan may soon become the seventh province in Canada to enact franchise disclosure and relationship legislation.
    CanadaCorporate/Commercial Law
    Sotos LLP
    Sotos LLP
  • Article

    Ontario Court Allows Franchisor To Rely On Buy/Sell Exemption To Disclosure And Enforces Restrictive Covenant

    In MEDIchair LP v. DME Medequip Inc., the Ontario Superior Court of Justice considered whether a restrictive covenant contained in a franchise agreement is enforceable by a franchisor...
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Court Of Appeal Narrows The Availability Of Franchise Rescission

    On January 25, 2018, the Ontario Court of Appeal (the "OCA") released its much-anticipated decision in Raibex Canada Ltd. v. ASWR Franchising Corp.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Superior Court Of Justice Finds That Shareholders Of A Franchisee Are Not "Franchisees" Within The Meaning Of The Arthur Wishart Act

    Unfortunately, business for the FS pizza franchise in Ontario was poor and soon ran out of money.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Property Controls, Changes To The Competition Act, And Franchising: Significant New Developments In 2024

    In 2022, the Competition Bureau (the Bureau) launched a study of grocery store competition in Canada and released its report in June 2023...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Saskatchewan's Unique Franchising Landscape

    A franchise is a business formation that involves a localized group, the franchisee, conducting a commercial operation as an agent for a centralized company, the franchisor.
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Should I Franchise My Business?

    Before jumping into the waters of scaling your business via the franchising route, you should ask yourself two key questions: (1) Is my business venture already a franchise...
    CanadaCorporate/Commercial Law
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Superior Court Of Québec Confirms Validity Of Percentage Royalties Paid By Pharmacist-Owners To Franchisor

    In the present dispute, the annual royalty which is paid pursuant to the terms of the franchise agreement is calculated based on gross sales.
    CanadaCorporate/Commercial Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Showing 381–400 of 931 results

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