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  • Article

    Recent Franchise Disputes: Key Takeaways For Franchisors And Franchisees

    With Alberta's Franchises Act having recently turned 30 years old and Ontario's Arthur Wishart Act approaching its 25th anniversary, the general principles governing franchising disputes are well-settled on paper.
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Repositioning Your Business For Change: The Pre-Sale Process

    When a business owner profitably sells his business, you often hear people speak about this being a lucky break, or about how that person was in the right place at the right time to take advantage of an opportunity.
    CanadaCorporate/Commercial Law
    Cassels
Cassels
  • Article

    Resale Programs For Franchise Systems: A Different Perspective On Franchisees Exiting The System

    The sale of franchised units often are associated with low sales, an underperforming operator, or a poor market ...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Suspension Lifted: Limitation And Procedural Periods Are Set To Resume In Ontario On September 14, Have Already Resumed In Other Provinces

    As a result of the COVID-19 pandemic, various governments in Canada issued orders suspending limitation periods, which are generally the deadlines by which a person must commence a...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    What Are The Support Obligations Of Franchisors And Their 'Good Faith' And 'Fair Dealing' Performance Duties Under The "Arthur Wishart Act"?

    A discussion on what are the support obligations of franchisors and their "good Faith" and "Fair Dealing" performance duties under the "Arthur Wishart Act".
    CanadaCorporate/Commercial Law
    DLA Piper
    DLA Piper
  • Article

    What Is A Franchisor's Associate And Why Should A Franchisor Care?

    Most franchisors now appreciate that Ontario's franchise legislation requires a franchisor to provide a franchisee with proper disclosure document before that franchisee buys a franchise.
    CanadaCorporate/Commercial Law
    Goldman Hine LLP
    Goldman Hine LLP
  • Article

    Why Franchising Cannabis Stores In Ontario Is Legal

    But the legislation did not define what an "affiliate" meant
    CanadaFood, Drugs, Healthcare, Life Sciences
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Assignment Of Franchise Agreement By A Trustee In Bankruptcy

    The recent decision in Ford Credit Canada Ltd. v. Welcome Ford Sales Ltd. may have significant implications for franchisors whose franchisees become insolvent.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lapointe Rosenstein Marchand Melancon
    Lapointe Rosenstein Marchand Melancon
  • Article

    Is Your Licence Or Distribution Arrangement Really A Franchise?

    Many equate franchising with the well-known and recognized quick-service restaurants and coffee bars prevalent around the world.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Court Of Appeal Narrows The Scope For Duty Of Care Between Supplier And Retailer

    The Court of Appeal recently overturned a summary judgment awarded in favour of Mr. Sub franchisees for reputational harm stemming from the 2008 listeriotic outbreak.
    CanadaLitigation, Mediation & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Navigating The Cyber Liability Storm Part I

    Two recent cases have raised awareness of the risky climate for franchisors in the realm of cybersecurity and privacy compliance.
    CanadaPrivacy
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Obtaining A Release When A Franchise Has Gone Sour

    In March, the Ontario Superior Court of Justice released its decision on a motion for summary judgment in Dodd v. Prime Restaurants of Canada (Prime).
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Saskatchewan's Franchise Disclosure Act Receives Royal Assent

    Saskatchewan recently became the seventh Canadian province to enact franchise legislation, joining Alberta, Ontario, Prince Edward Island, New Brunswick, Manitoba and British Columbia.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    To Own Or Not To Own Corporate Establishments: That Is The Question!

    Franchisors regularly ask us whether or not it is preferable for them to maintain and operate corporate establishments, i.e., establishments in their network that are owned by...
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    What We're Up To (Franchise) – Fall 2024

    Noah Leszcz co-chaired the Canadian Franchise Association (CFA) Annual Convention on April 6-8, 2024, in Montreal, Quebec. Larry Weinberg, Frank Robinson, Peter Snell, Sam Sokoloff...
    GlobalCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    A "Fresh" Look At Injunctions: Ontario Superior Court Of Justice Denies Interlocutory Relief To Reinstate Overholding Franchisee

    In franchise terminations, franchisees may seek to rely on equitable relief such as relief from forfeiture or injunctions to prevent the termination of their franchise agreements and subleases.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Cook Or Get Out Of The Kitchen: Legitimate Interest Required To Enforce A Restrictive Covenant

    MEDIchair LP v DME Medeqip Inc., 2016 ONCA 168 is a case with important implications for all franchisors and franchisees.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Fair Play – The Duty Of Fair Dealing And Its Impact On The Franchise Relationship

    British Columbia, Alberta, Manitoba, Ontario, New Brunswick, Prince Edward Island as well as Saskatchewan's proposed franchise disclosure legislation impose the statutory duty of fair dealing in the performance and enforcement ...
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Is It Time To Update The Financial Statements In Your Franchise Disclosure Document?

    Franchise legislation in Canada (currently in the provinces of BC, Alberta, Manitoba, Ontario, New Brunswick and PEI)
    CanadaCorporate/Commercial Law
    Siskinds LLP
    Siskinds LLP
  • Article

    Litigate In British Columbia? Yes, You Canstar! Bc Court Invalidates Forum Selection Clause Based On "Reasonable Possibility" That Franchise Legislation Applies

    On May 19, 2021, the British Columbia Supreme Court rendered its decision in Canstar Restorations Limited Partnership v DKI Canada Ltd. (Canstar).
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Showing 541–560 of 931 results

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