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A recent case from the Ontario Court of Appeal suggests franchisors may lose the protection of a restrictive covenant in a franchise agreement if, at the time the franchisor wants to enforce the covenant, it can't establish a "legitimate or proprietary interest to protect" within the territorial scope of the covenant.

A franchisor’s Franchise Disclosure Document checks every prescribed box. The audited financial statements are current, the franchise agreement is attached, the territory and fee schedules are complete, and outside counsel has confirmed that every item the statute requires is present.

On November 9, 2023, the Government of Saskatchewan introduced Bill 149, The Franchise Disclosure Act (the "Franchise Disclosure Act").

Jennifer Shayko, Max Skrow, and Sonali Ravi are featured authors at Aird & Berlis LLP, a prominent Canadian law firm. Their professional profiles and expertise are showcased through their headshots and biographical information on the firm's website. Learn more about these legal professionals and their respective practice areas.

A purchase option in a franchise agreement consists of a contractual clause stipulating that, under certain circumstances described in the agreement, the franchisor has the right, but not the obligation, to acquire the business or assets of its franchisee at a price and under conditions stipulated in the clause.

Doug Ford's radical restructuring of Ontario's recreational cannabis retail regime was welcomed by anyone doubting the prior plan's ability to spur and maintain a vibrant and competitive industry ...

In a significant recent decision, the Ontario Superior Court of Justice granted partial summary judgment in "Caffé Demetre v. 2249027 Ontario Inc."

As 2013 comes to an end, the Cassels Brock Franchise Group would like to take this opportunity to highlight the ten most significant franchise law cases and developments of the year.

As we reported in a previous issue of this newsletter, in June 2022, the Canadian government enacted amendments to the Competition Act (the Act) intended to prohibit agreements...

On June 23, 2023 amendments to Canada's Competition Act (the "Act') will come into force that prohibit both wage-fixing and "no poach" agreements in commercial agreements across the country.

A recent decision of the Ontario Superior Court of Justice's decision in Avante Automobile (2017) Corporation v. BMW Canada Inc. provides another reminder to franchise parties that their statutory duties of fair dealing...

Directors and officers often take comfort in the fact that, absent any major improprieties, they will not be held liable for the conduct of the corporations which they oversee.

We at Cassels, and many in the Canadian franchise law bar, have long taken the position that any negotiated release of an existing and known claim under the Arthur Wishart Act (Franchise Disclosure)

A recent decision of the Alberta Court of Queen’s Bench (Court) in Mapleleaf Franchise Concepts, Inc. v. Nassus Frameworks Ltd. (Mapleleaf) sends a strong message to franchisors: everything in a disclosure document must be accurate, regardless of whether the information included is specifically required to be disclosed by law.

A recent decision of the Ontario Superior Court of Justice provides a helpful look at the different issues that can arise when looking at a franchisor's entitlement...

The Ontario Superior Court of Justice recently granted partial summary judgment in favour of a franchisor in 2176693 Ontario Ltd. et al. v. The Cora Franchise Group Inc. et al...

Despite the retroactive nature of the Arthur Wishart Act (AWA) (Act), its anti-waiver provision only applies to rights purportedly waived after the date on which the AWA came into force, according to a recent decision of the Ontario Superior Court of Justice.