931 results found

An Ontario court recently granted a permanent injunction to enforce a commercial royalty and licensing agreement, finding that the anticipated breach of a long-term franchise-style relationship would cause harm too complex and...

Subway, among the largest restaurant chains in the world, recently announced that it would be sold for roughly US$9.55 billion, in spite of challenging debt financing markets and a small pool...

Licensed producers and other cannabis companies are licensing their trademarks to successful applicants for Ontario cannabis retail licenses.

In the recent decision of Letang v Hertz Canada Ltd, Justice Myers refused to adjourn a trial date despite the last-minute production of documents, decrying "old brain thinking" that has thwarted timely access to Canada’s civil justice system.

Historically, pure economic loss – economic losses unconnected to personal injuries or property damage – was not recoverable by a claimant in a negligence action.

Since the Supreme Court of Canada's decision in Bhasin v. Hrynew (Bhasin), the extent of the contractual duties of good faith and honesty have been of significant interest to commercial contracting parties.

Trademarks represents a unique form of intellectual property. A trademark is a word, phrase, design, colour, sound, fragrance, texture...

Cassels was a sponsor of the International Franchise Association.

A franchise relationship is created when the franchisee and the franchisor agree to be bound by the terms of a franchise contract.

A $17 million FTC settlement against Xponential Fitness reveals critical franchise disclosure failures that have direct parallels in Canadian law.

The Ontario Court of Appeal recently released its decision in Spina v. Shoppers Drug Mart, 2024 ONCA 642, an appeal in a class action brought by franchisees of Shoppers' Drug Mart. In the underlying summary judgment.

In the world of franchising, change has always been a constant, but arguably we are living in a time of unprecedented rapidity of change.

In the recent Ontario Court of Appeal decision in PQ Licensing the Court considered whether the mandatory mediation process prescribed by a franchise agreement impacted the limitation period...

Legal practitioners are well-acquainted with the common law doctrine of mitigation in contract law: when confronted with the breach of a contract, the non-breaching party...

The cornerstone of the franchise relationship is at the most basic level is a contract that sets out the parameters of that relationship and manner in which the franchisee must operate the franchised business.

In the recent decision Dairy Queen Canada, Inc. v. M.Y. Sundae Inc., 2017 BCSC 358, the Supreme Court of British Columbia upheld a Mutual Cancellation and Release agreement...

One of the main reasons for drafting a contract is to prevent disputes between the parties by clearly establishing their rights and obligations.

Ultimately, Maid Right was successful in establishing the requisite "special circumstances" to save its trademark registration.