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  • Article

    No Good News for Franchisors in Midas Appeal

    Many franchisors found the Ontario Superior Court of Justice's decision in 405341 "Ontario Limited v. Midas Canada Inc." (Midas) troubling as it called into question some practices common to many franchisors.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Ontario Court Applies Statutory Definition Of "Franchise"

    In Fyfe v. Stephens, 2018 ONSC 5066 ("Fyfe"), the Ontario Superior Court of Justice found that the relationship between two parties was a franchise relationship, even though the agreement at issue expressly disclaimed a franchise relationship.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Court Considers Franchise Disclosure Obligations When Right Of First Refusal Is Triggered

    A recent decision of the Superior Court of Justice, 3574423 Canada Inc. v. Baton Rouge Restaurants Inc., provides guidance on statutory disclosure obligations in situations when the right of first refusal (ROFR) over a new location is triggered.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Ontario Court Of Appeal Upholds Lower Court Decision To Certify Employment Class Proceeding Involving Franchise System Delivery Drivers

    In the 2025 case of Cervantes v Pizza Nova Take Out Ltd., the Ontario Superior Court of Justice granted certification of a proposed class proceeding against both a franchisor and its franchisees in respect...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Ontario Government Releases Draft Regulations For Healthy Menu Choices Act

    On May 26, 2015, the Ontario government passed the Making Healthier Choices Act. This legislation created the Healthy Menu Choices Act (the Act), which will require regulated food service premises with 20 or more locations in Ontario that are selling prepared ready-to-eat food to post itemized caloric content on menus.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Potential Franchisors Beware: The Powerful Statutory Rescission Remedy

    As a result of the existence of Ontario's franchise legislation (the concisely named Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act")).
    CanadaCorporate/Commercial Law
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Potential Remedies Available To Franchisees In The Event Their Franchisor Is In Breach Of Its Disclosure Obligations

    The Arthur Wishart Act provides two potential remedies to franchisees in relation to franchisors' non-compliant disclosure document, the statutory remedies available.
    CanadaCorporate/Commercial Law
    Sorbara Law
    Sorbara Law
  • Article

    Quebec Court Rejects Franchisor's Bankruptcy And Insolvency Act Proposal

    To understand the reasoning behind the decision, it is helpful to examine the relationship between the Franchisor and its franchisees, as well as the rationale behind the Proposal.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    "Saab Stories" For Franchisor Seeking To Oust Ontario Jurisdiction Over Canada-Wide Group Action

    IFS then approached the plaintiffs, all former Saab dealers under the GM arrangement, and recruited them to become Saab dealers once again.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Suncor Successful In Dismissing Proposed $200 Million Class Action

    In the first decision to consider the meaning of the "one-year/no-franchise fee" exemption in the "Arthur Wishart Act", the Ontario Court of Appeal has confirmed that a franchisor is not required to provide a franchisee with a disclosure document where the franchise agreement has a term of one year or less and where the franchisee does not pay any non-refundable fees in exchange for the franchise.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Sweet Relief: British Columbia Court Of Appeal Upholds Mutual Cancellation And Release Agreement Between Franchisor And Franchisee

    Franchisors can be reassured by a recent decision of the British Columbia Court of Appeal (Dairy Queen Canada, Inc. v. M.Y. Sundae Inc.) ...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    The Area Manager; A Key Role In Any Franchise Network

    Contrary to what happens in many countries, the importance of this role is still, unfortunately, underestimated by many North American franchisors.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    The Significant Impact Of Recent Changes To The Competition Act (Canada) On Your Franchise Agreement: You Need To Prepare It Before June 23, 2023

    On June 23, 2022, significant changes were made to the Competition Act (Canada), two of which have a direct impact on many franchise agreements.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    What Is The Ideal Duration Of A Franchise Agreement?

    The typical duration of a franchise agreement has evolved since the 1980s, due in part to the increasingly rapid and far-reaching changes experienced by most franchise networks...
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    What Is The True Contract Between A Franchisor And Its Franchisees?

    This bulletin is intended for franchisors, executives and managers of franchise networks
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    First-Time Funds Series – Video #5: Fund Timelines And Making Investments (Video)

    In the fifth video of our first-time funds series, Bernard Kwasniewski and Mitchell Dost of our Private Equity practice explore fund timelines and making investments.
    CanadaFinance and Banking
    Torys
    Torys
  • Article

    Selecting The Right Franchisees

    Selecting the right franchisee is one of the most important jobs that a franchisor has. The financial success of your system, the reputation of your brand, and your ability to increas...
    CanadaCorporate/Commercial Law
    Sotos LLP
    Sotos LLP
  • Article

    Uber Decision Does Not Necessarily Deliver Unconscionability To Franchise Arbitrations

    The Supreme Court of Canada recently found that the arbitration provision used by popular ridesharing service, Uber Technologies, Inc. (Uber), in its standard form agreement with its drivers...
    CanadaLitigation, Mediation & Arbitration
    Cassels
    Cassels
  • Article

    A Franchisor’s Obligation To Protect Its Brand

    The Quebec Superior Court in the recent case of Bertico Inc. v. Dunkin’ Brands Canada Ltd., ordered Dunkin’ Brands Canada Ltd., the franchisor, to pay more than C$16MM in damages, the full amount of their claim, to twenty-one former franchisees for repeatedly failing to protect and enhance the Dunkin’ Donuts brand in Quebec over the course of a decade.
    CanadaCorporate/Commercial Law
    Lapointe Rosenstein Marchand Melancon
    Lapointe Rosenstein Marchand Melancon
  • Article

    An AllStar Decision For Franchisors: Court Of Appeal Restores Clarity And Commercial Sense To Disclosure Obligations In Long Awaited Raibex Appeal Decision

    On January 25, 2018, the Ontario Court of Appeal released the closely followed decision in Raibex Canada Ltd. v ASWR Franchising Corp. providing much needed clarity on the pre-contractual disclosure...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Showing 561–580 of 931 results

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