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In Ontario, two core legal documents help to define the franchise relationship between franchisors and franchisees: the Franchise Disclosure Document (FDD) and the Franchise Agreement.

In this update we summarize some of the more significant franchise law cases and legislative developments that occurred in 2022.

In 1384334 Alberta Ltd. v. Buster's Pizza Donair & Pasta Enterprises Ltd.,[1] the Alberta Court of Queen's Bench addressed a claim by a purported franchisee that it had entered into an oral franchise agreement and was entitled to take advantage of the statutory rescission provisions in Alberta's franchise legislation.

As those involved in the franchise community are well aware, the duty of good faith is a fundamental aspect of the franchisor-franchisee relationship.

Freshslice argued that the rebranding was contrary to and in breach of various franchise agreements and their restrictive covenants.

In our recent bulletin titled How to Determine if Your Initial Franchise Fee is Really Appropriate?, we discussed how to determine an initial franchise fee.

In Diduck v. Simpson, 2018 MBQB 76 ("Diduck"), the Manitoba Court of Queen's Bench reviewed a distribution agreement and found that it failed to meet the test for a "franchise"

recent decision of the Ontario Court of Appeal confirms the strict nature of the disclosure requirements under the Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000, c. 3 (the "Act").

On May 3rd, 2016, the Court of Appeal for Ontario overturned a decision of the Ontario Superior Court which had held that a franchisor's parent company could never be liable to a franchisee of its subsidiary for breach of the duty of good faith under the Arthur Wishart Act.

Justice Perell considered whether Virtualink, the franchisor of a franchise system offering "executive office suites," had unlawfully terminated ANC.

On August 27, 2018, in Fyfe v. Stephens (Dial A Bottle),1 the Ontario Superior Court of Justice granted partial summary judgment and awarded damages ...

Franchisors offering franchises in Ontario breathed a collective sigh of relief on September 1, 2020, when the long-awaited amendments to the Arthur Wishart Act (Franchise Disclosure), 2000...

Ontario Bill 154, The Cutting Unnecessary Red Tape Act (CURTA) received Royal Assent on Tuesday, November 14.

The Ontario government has finally heeded the call of the franchise law community and, on June 16, 2016, announced that Ontario will permit electronic delivery of a franchise disclosure document.

In the recent decision of Second Cup Ltd. c. 8702934 Canada inc. (Café Vasanti), 2018 QCCS 2064

The limitation period for rescinding a franchise agreement under the Wishart Act is two years from the date of the agreement.

Saskatchewan could soon become the seventh Canadian province to enact franchise legislation, joining Alberta, Ontario, Prince Edward Island, New Brunswick, Manitoba and British Columbia.

In many franchise systems, franchisors administer (or reserve the right to later establish and administer) an advertising fund.