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Article
Should Franchisors Be Extra-Provincially Registered In Saskatchewan?
Saskatchewan’s new franchise legislation regime came into force on June 30, 2026. As franchisors review their new Saskatchewan disclosure obligations, they should also consider a separate corporate compliance issue: whether they are required to be extra-provincially registered in Saskatchewan under The Business Corporations Act, 2021 (Saskatchewan) (the “SBCA”).
CanadaCorporate/Commercial Law
McKercher LLP
Article
Swimming Downstream: Supreme Court Of British Columbia Clarifies Section 45 Of The Competition Act
The plaintiff claimed on behalf of all Tim Hortons' employees in Canada.
CanadaAntitrust/Competition Law

McCarthy Tétrault

Franchise Disclosure During The COVID-19 Pandemic

The COVID-19 pandemic is affecting almost every business in one way or another. This is equally true for franchise systems and the franchised businesses in those systems. A limited number of fortunate franchise systems...

CanadaCoronavirus (COVID-19)

A Cautionary Tale Of Two Restaurants: The Risk Of Brand Development Before Launch

On November 2, 2022, the Ontario Superior Court of Justice (Divisional Court) overturned an interlocutory injunction that had been granted to prohibit a restaurant group...

CanadaCorporate/Commercial Law

Advocate Daily: If It Looks Like A Franchise, It's A Franchise

In another decision in the line of "accidental franchisor" cases, Justice Mary E. Vallee, of the Ontario Superior Court of Justice, granted summary judgment on the basis of non-disclosure

CanadaCorporate/Commercial Law

An Update On Bill 96, Quebec's New French Language Law, And Its Impact On Quebec Franchising

This sets up the imminent passage of Bill 96 in the Québec legislature, which is likely to occur prior to June 10, 2022

CanadaCorporate/Commercial Law

Coast To Coast Disclosure: Franchise Legislation Comes To British Columbia

The Ontario Government has recently released draft regulations for its new legislation that mandates providing caloric content on menus, the Healthy Menu Choices Act, and is seeking public input.

CanadaCorporate/Commercial Law

Franchise And Distribution @ Gowlings, November 2, 2011 - Volume 5, Number 3

Manitoba has just released its draft regulation under the Franchises Act.

CanadaCorporate/Commercial Law

Franchise Update – Court Of Appeal Considers Scope Of Basket-Clause Disclosure Of Material Facts Under Ontario Franchise Legislation

In its recent decision in Caffé Demetre Franchising Corp. v. 2249027 Ontario Inc., the Ontario Court of Appeal upheld the Superior Court’s decision granting partial summary judgment...

CanadaCorporate/Commercial Law

McCarthy Tétrault

Franchisor's Owned v. Franchised Points Of Sale: Which Ones Have The Best Performances?

Most franchisors and franchise consultants take for granted that franchised points of sale perform better than franchisor's owned points of sale given the franchisee's higher degree of motivation and the business owner being on-site.

CanadaCorporate/Commercial Law

Franchisors: Prepare For Saskatchewan's The Franchise Disclosure Act

Saskatchewan has joined the growing list of Canadian provinces which have implemented franchise disclosure legislation in Canada.

CanadaCorporate/Commercial Law

Franchisors – Are You At Risk Of Joint Employer Status In Canada?

A finding of joint employer status, where a franchisor is found to be the joint or co-employer of its franchisees' employees, is arguably the most significant threat to the franchise business model today.

CanadaCorporate/Commercial Law

Osler, Hoskin & Harcourt LLP

Has The Law Of Franchise Rescission Changed Since Raibex? An Ontario Court Provides A Partial Answer

The recent decision in 2483038 Ontario Inc. v. 2082100 Ontario Inc., confirms a narrow point of franchise law, namely that an unsigned certificate in a Franchise Disclosure...

CanadaCorporate/Commercial Law

McCarthy Tétrault

If It Looks Like A Franchise, It's A Franchise

In another decision in the line of "accidental franchisor" cases, Justice Mary E. Vallee, of the Ontario Superior Court of Justice,...

CanadaCorporate/Commercial Law

Long-awaited Changes To Ontario's Franchise Legislation Coming Into Force

Amendments to both the franchise legislation, the Arthur Wishart Act (Franchise Disclosure), 2000, and to its General Regulation will be brought into force on September 1, 2020

CanadaCorporate/Commercial Law

Mendoza v. Active Tire: Ontario Court Of Appeal Tightens Law On Franchisor Disclosure Requirements

Where a franchisor has more than one officer or director, section 7 of the regulations to the Wishart Act requires a disclosure document to be signed by two persons who are officers or directors.

CanadaCorporate/Commercial Law

Mr. Sub Franchisees' Claims Don't Cut The Mustard As Supreme Court Of Canada Narrowly Affirms Restrictive View Of Pure Economic Loss

In its recent decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc., the Supreme Court of Canada underscored the difficulty faced by plaintiffs seeking damages for purely economic losses...

CanadaCorporate/Commercial Law

Ontario Court Considers Franchise Class Action Challenging Scope Of Franchisors’ Right To Profit From Franchisees

In Spina v. Shoppers Drug Mart Inc., 2012 ONSC 5563, Justice Perell for the Ontario Superior Court has given judgment in the first stage of a class action certification motion brought on behalf of franchisees of Shoppers Drug Mart.

CanadaCorporate/Commercial Law

McCarthy Tétrault

Ontario Government Makes Changes To Ontario's Franchise Legislation

In November 2017, the Ontario Legislature passed The Cutting Unnecessary Red Tape Act, 2017 (the CURT Act), an omnibus piece of legislation designed to address issues in a number of provincial statutes.

CanadaCorporate/Commercial Law

Parting Gift: Franchisor Entitled To Compensation In Alberta Expropriation Case

In AW Holdings Corp. v Edmonton (City), held that a franchisor that (a) was not the property owner, and (b) not a party to the lease, was still an "owner" for the purposes of the Expropriation Act...

CanadaCorporate/Commercial Law

Showing 521–540 of 931 results

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