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  • Article

    To The End Of The Term And Beyond: Perpetual Renewal Clauses Are Considered Legal

    With this long-awaited decision, the Court of Appeal has clarified that perpetual renewal clauses are not prohibited in Quebec.
    CanadaCorporate/Commercial Law
    Lapointe Rosenstein Marchand Melancon
    Lapointe Rosenstein Marchand Melancon
  • Article

    Top Six Frequently Asked Questions About The AODA For Franchisors And Franchisees

    In Ontario, the Accessibility Directorate of Ontario has been increasingly active in pursuing enforcement actions against organizations that have not complied with their requirements under the Accessibility for Ontarians with Disabilities Act (AODA).
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
  • Article

    What Franchisors Need To Know About The New Wage Fixing Offence

    It also does not matter whether the employers are fixing wages or agreeing not to poach employees in the same job categories.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    What You "Knead" To Know About Franchise Termination: The Saskatchewan Court Of Queen's Bench Decision In Vern's Pizza

    A recent decision of the Saskatchewan Court of King's Bench, Vern's Pizza Company Limited v 101011333 Saskatchewan Ltd., has provided some insight into the application...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Mcdonald’s, And Not Just Its Franchisees, Liable For Worker Treatment Says National Labor Relations Board: Should Canadian Franchisors Be Concerned?

    The general counsel of the United States’ National Labor Relations Board recently ruled that McDonald’s should be considered a joint employer with its franchisees.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Navigating Joint Employer Issues: What Franchisors Need To Know

    In Canada, the discussion of the separation of a franchisor from its franchisees' local employment decisions has surfaced in a number of recent cases.
    CanadaEmployment and HR
    Gowling WLG
    Gowling WLG
  • Article

    Four Ways To Make Your Franchise Agreement More Flexible

    The acronym VUCA (Volatility, Uncertainty, Complexity and Ambiguity) is often used to describe the actual business environment.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Will A Franchisor Provide Me With Earnings Projections?

    Throughout the evolution of franchise disclosure legislation and case law in Canada, the disclosure of financial performance representations ...
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Competition Bureau Issues Finalized Enforcement Guidelines For Wage-Fixing And No-Poaching Offences: What You Need To Know

    On June 23, 2022, Bill C-19, also known as the Budget Implementation Act, 2022, No.1 ("BIA"), received royal assent.
    CanadaAntitrust/Competition Law
    Fasken
    Fasken
  • Article

    A Wing And A Prayer: The Ontario Superior Court Of Justice Shoots Down A Franchisor's Exemption Defence In A Rescission Claim

    In the recent Ontario Superior Court of Justice decision in Jayasena Management Corp. et al. v. Savannah Wells Holding Inc. (Jayasena), the Court grappled with a variety of issues arising out...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    British Columbia's New Franchise Legislation

    On February 1, 2017, British Columbia will join the group of provinces that regulate franchising when the Franchises Act ("B.C. Act") and its regulation ("B.C. Regulations") come into force...
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Cannabis Retail Strategy Will Likely Pivot To Franchising

    It can be challenging to keep up with news in Canada's cannabis industry.
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    Disclosure Requirements When There Is A Sale Of An Existing Franchise/Assignment Of The Franchise Agreement

    When a Franchisee Sells their Franchise, is the Franchisor Obliged to Provide a Disclosure Document to the Prospective Franchisee Buyer? That depends. Section 5(7)(a)(iv) of the Arthur Wishart Act...
    CanadaCorporate/Commercial Law
    Sorbara Law
    Sorbara Law
  • Article

    Former Dealers Unsuccessful With Franchise Law Claims In Class Action Against General Motors Of Canada Limited

    The court held that Ontario's franchise legislation, the Arthur Wishart Act (Franchise Disclosure, 2000) applied to the dealership agreements of Class Members that operated outside of Ontario.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Is There A New "AllStar" Standard For Franchise Disclosure?

    Ontario's already onerous franchise disclosure requirements may have just been further complicated, based on a recent decision of the Ontario Superior Court.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Manitoba's New Limitations Legislation And Its Impact On Franchise Law

    In this article, we provide an overview of Manitoba's new limitations legislation – which finally takes full effect on September 30, 2024 – and its application to franchise law.
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Mendoza v. Active Tire & Auto Centre Inc. – Ontario Court Of Appeal Rejects Role Of An "Informed Decision" In Rescission

    The Court emphasized that even when franchisees have not studied the contents of the disclosure document, they are entitled to rely on its contents.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Not All Franchise Agreements Are Contracts "Of Adhesion" Under The Civil Code Of Québec!

    The Civil Code of Québec sets out some special rules for certain types of contract, one of those being the contracts of adhesion.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Not Your Ordinary Cup Of (Bubble) Tea: The Fickle Nature Of Motions For Interlocutory Injunctive Relief

    As lawyers well know, to obtain an interlocutory injunction, the moving party will have to meet the well-established three-part test established by the Supreme Court of Canada in RJRMacDonald Inc v Canada...
    CanadaCorporate/Commercial Law
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Ontario Court Dismisses A Claim Of Vicarious Liability Against A Franchisor

    In Jogia v. RE/MAX Ontario1, the Ontario Superior Court of Justice granted partial summary judgment in favour of a franchisor and its officers and directors
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Showing 621–640 of 931 results

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