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  • Article

    The End Of An Era: Manitoba's Crackdown On Grocery Property Controls And The National Shift In Competition Law

    In the world of commercial leasing and franchise development, few tools have been as foundational—or as fiercely protected—as the exclusivity clause and the restrictive covenant.
    CanadaReal Estate and Construction
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Whose Risk Is It Anyway?

    Historically, it had been the standard practice of franchisors to enter into commercial leases with landlords directly and then sublet the premises to their franchisees.
    CanadaReal Estate and Construction
    Dale & Lessmann LLP
    Dale & Lessmann LLP
Article

Alberta Court Clarifies Scope Of Duty Of Good Faith In Franchise Contest

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.
CanadaCorporate/Commercial Law
Burnet, Duckworth & Palmer LLP
Burnet, Duckworth & Palmer LLP
  • Article

    Sub-Par Claim: Franchisee's Beef With Supplier Leaves Bad Taste

    In 2008, Maple Leaf Foods ("Maple Leaf") recalled meat products linked to a listeria outbreak at one of its factories.
    CanadaCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Lease Riders – Maintaining Control Over Leased Franchise Locations

    Finding a great location is key to the success of any business, and franchises are no different. Regardless of industry, good franchise systems rely on the strength...
    CanadaReal Estate and Construction
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    A Proposed Franchise Act For British Columbia, Canada

    In March, 2013, the British Columbia Law Institute published a "Consultation Paper on a Franchise Act for British Columbia", which includes a review of the structures of various types of franchise systems, the legal framework of the franchise relationship and franchise legislation existing in five other provinces of Canada, the United States and Australia.
    CanadaCorporate/Commercial Law
    DLA Piper
    DLA Piper
  • Article

    Actions Speak Louder Than Words; The Enforceability Of Oral Agreements Collateral To A Franchise Agreement

    An area director was appointed to liaise between franchisees and the franchisor, and to provide operational and administrative support.
    CanadaCorporate/Commercial Law
    Macdonald Sager  LLP
    Macdonald Sager LLP
  • Article

    An Unsigned Certificate Remains A Fatal Franchise Disclosure Document Flaw In A Post-Raibex World

    The defendants provided the franchisee plaintiffs with a FDD in respect of a Fit for Life restaurant in Oakville on August 21, 2015.
    CanadaCorporate/Commercial Law
    McMillan LLP
    McMillan LLP
  • Article

    BC Government Seeks Input For Proposed Franchise Law

    The government of British Columbia is seeking public input on a regulation under the pending Franchises Act, a new piece of franchise legislation that will affect the rights and obligations of parties to franchise agreements.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Bringing Clarity To Franchise Disclosure

    With the concurrence of all parties, this main issue was disposed of through a summary judgment process.
    CanadaCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Can A Franchisor Limit Its Liability By Including A Questionnaire In Its Canadian Disclosure Document?

    Franchisors operating in Canada commonly include questionnaires in the disclosure they provide to prospective franchisees.
    CanadaCorporate/Commercial Law
    Hoffer Adler LLP
    Hoffer Adler LLP
  • Article

    Culinary Knockout: Federal Court Strikes Us Restaurant Owner's Claims Against An Alleged Canadian "Copycat" With Leave To Amend

    In Fox Restaurant Concepts LLC v 43 North Restaurant Group Inc.,1 the US-based plaintiff, Fox Restaurant Concepts LLC (Fox Restaurant), brought a claim of copyright infringement...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    End Of The Dunkin Case In Québec: Lessons Learned For Franchisors

    On March 17, 2016, the Supreme Court of Canada ("SCC") dismissed Dunkin' Brands Canada Ltd.'s ("Dunkin' Brands") application for leave to appeal the judgment rendered almost a year ago by the Court of Appeal of Québec ("CAQ")...
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Extreme Circumstances: Injunctive Relief Still Difficult To Obtain In Franchise Context

    The Supreme Court of Newfoundland and Labrador decision in MTY Tiki Ming Enterprises v Azmy Enterprises Inc, 2018 NLSC 169 ...
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    How Not To Evade A Restrictive Covenant

    In the recent case of Pet Valu Canada Inc. v. 1381114 Ontario Limited, the Court dealt with a motion by a franchisor, Pet Valu Canada Inc., against a numbered company operating as "Pet Stuff & Supplies" and its principals.
    CanadaCorporate/Commercial Law
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Impossible Is Nothing: Ontario Court Finds Franchise Disclosure Before Franchise Location And Head Lease Are Determined Is No Disclosure At All

    The location of the franchise had not yet been determined, and so no head lease was included in the disclosure document.
    CanadaCorporate/Commercial Law
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Is A Franchising Model Right For Your Business? With Great Power Comes Great Responsibility

    If you've had success with your business, you may look to expand through a franchising or licensing agreement. But which is the better option?
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Lease Considerations For Franchisees - Franchising In Canada

    While the franchisor often selects the site, the franchisee is typically required to accept the choice, but bear the risk of doing so.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    Mamma Mia! Lessons From Queen Mamma On Renewal, Notice And Termination

    A recent Ontario Superior Court of Justice decision offers an important reminder for franchisors and franchisees alike: informal renewal arrangements can create significant legal uncertainty.
    CanadaCorporate/Commercial Law
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    No Injunction For You – Recent Victory For Franchisors Seeking To Terminate Franchise Agreements

    Franchisees often challenge termination decisions by starting a lawsuit and seeking an interlocutory injunction to restrain termination of the franchise agreement pending a determination...
    CanadaCorporate/Commercial Law
    McMillan LLP
    McMillan LLP
  • Showing 481–500 of 931 results

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