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  • Article

    Ontario Court Of Appeal Provides Further Guidance On The Duty Of Good Faith

    The contractual (and statutory) duty of good faith is a concept that informs the conduct of both franchisors and franchisees within the franchise relationship.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Government Introduces Proposed Amendments To Its Franchise Legislation

    On September 14, 2017, the Ontario Government introduced Bill 154, "An Act to cut unnecessary red tape by enacting one new Act and making various amendments and repeals," ...
    CanadaCorporate/Commercial Law
    Cassels
Cassels
  • Article

    OPA! The British Columbia Supreme Court Grants An Injunction For The Breach Of A Post-Term Non-Competition Provision

    In a recent decision (OPA! Souvlaki Franchise Group Inc. v Tiginagas1), the British Columbia Supreme Court granted an injunction to prevent a franchisee's post-term non-competition breach...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Redraft Choice Of Law Clauses To Avoid Unpleasant Surprises

    The traditional structure of the analysis of cases with geographically complex facts, i.e., cases that fall into the category of Conflict of Laws or Private International Law, says that a contract is "governed" by its "proper law".
    CanadaCorporate/Commercial Law
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    SCC On Recoverable Losses In Tort: How Maple Leaf Foods Impacts Canadian Business

    If you don't operate a meat processing plant or a sandwich franchise, you might think that the Supreme Court's recent decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. does not affect your business.
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    The Secret Ingredients: Tips For Purchasing A Restaurant Franchise

    When working with restaurant franchisors and franchisees, new prospects are often surprised by, or underprepared for, the "secret ingredients" the industry adds to franchise agreements
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Top Five Issues In Master Franchising vs Direct Franchising In Canada

    Master franchising is often considered by foreign franchise systems as the ideal vehicle for bringing their system into Canada and by Canadian franchise systems as the preferred method...
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Two Recent Court Decisions Have Caused A Stir In The Franchise Community

    In February, 2012, a class action against Tim Horton’s was dismissed on a motion for summary judgment.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Understanding Canada As A Franchise Market: Geography, Demographics And Structure

    A U.S. franchisor negotiating its first Canadian area development agreement typically sets the territory and the development schedule the way it would anywhere else: draw a radius, apply a minimum population threshold calibrated to domestic absorption rates, and attach a schedule that assumes the territory fills at a comparable pace.
    CanadaCorporate/Commercial Law
    Siskinds LLP
    Siskinds LLP
  • Article

    "Wave" The Deposit Goodbye: Franchisor Escapes Vicarious Liability After Franchisee Deposit Disappears

    In a recent decision, (1738937 Alberta Ltd v Fair Waves Coffee Inc), the Alberta Court of Queen's Bench has denied a claim that a franchisor was liable for the fraudulent actions ...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

    Some potentially significant changes lie ahead for franchising in Ontario. On May 23, 2017, the Ontario Ministry of Labour's special advisors released their much-anticipated (and 419 page long) Final Report on their review of Ontario's labour and employment legislation.
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    How New Criminal Prohibitions On Wage-fixing And No-poaching Agreements Under The Competition Act May Impact Your Franchise Agreement

    On May 30, 2023, following a consultation period, the Competition Bureau (the "Bureau") released its enforcement guidelines (the "Guidelines") on amendments to the Competition Act ("Act")...
    CanadaEmployment and HR
    McMillan LLP
    McMillan LLP
  • Article

    It's About The Parties' Entire Relationship – SCC Clarifies Independent Contractor vs. Employee Classification

    In its recent decision Modern Cleaning Concept Inc. v Comité paritaire de l'entretien d'édifices publics de la région de Québec, the Supreme Court of Canada (SCC) considered the distinction
    CanadaEmployment and HR
    Goodmans LLP
    Goodmans LLP
  • Article

    Class Actions Not A Guarantee For Franchisees

    Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 does not guarantee franchisees the right to commence a class action.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Dunkin' Donuts: Quebec's Court Of Appeal Considers A Franchisor's Duty To Protect The Brand

    On April 15, 2015, the Court of Appeal of Quebec partially upheld a 2012 Superior Court judgment in favour of franchisees of Dunkin' Donuts.
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Franchisor Ordered To Pay More Than $16 Million For Failing To Protect And Enhance The Dunkin’ Donuts Brand In Quebec

    The Quebec Superior Court recently handed down a major decision in franchise law.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    <i>Aroma Franchise Company Inc v Aroma Espresso Bar Canada Inc</i>

    Ontario Court sets aside award due to reasonable apprehension of bias arising from arbitrator's failure to disclose multiple appointments.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    Stuart Budd & Sons Limited V. IFS Vehicle Distributors ULC: Supplemental Reasons Pending Appeal Lead To Reasonable Apprehension Of Bias

    Although it is trite to say that an appeal is from the order not the reasons, it is nevertheless equally trite that the reasons often provide the basis for an appellate court's finding that the order was either correct or in error.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Legislative Update: Electronic Disclosure To Prospective Franchisees Coming To Ontario July 1, 2016

    Effective July 1, 2016, Ontario will permit disclosure documents required under the Arthur Wishart Act (Franchise Disclosure), 2000 (Act) to be delivered electronically to prospective franchisees.
    CanadaCorporate/Commercial Law
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Québec Court Of Appeal Decision Results In Significant Victory For Franchisors

    In a victory for franchisors, the Québec Court of Appeal confirmed the application of the doctrine of the indivisibility of contracts in a franchise context.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Showing 501–520 of 931 results

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