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  • Article

    Ontario Court Of Appeal Confirms Disclosure Exemptions Should Be Narrowly Construed

    The Ontario Court of Appeal has confirmed that the disclosure exceptions in the Arthur Wishart Act1 should be "narrowly construed".
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Ontario Court Of Appeal Removes Barrier To Valid Franchise Rescission Notice

    In its recent decision in 2352392 Ontario Inc. v MSI,[1] the Ontario Court of Appeal held that a pleading in civil litigation can constitute a formal "notice of rescission"
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Proper Disclosure Is "Paramount": The Ontario Court Of Appeal Weighs In On A Complex Franchise Rescission Case

    In Royal Bank of Canada v. Everest Group Inc., 2024 ONCA 577 (Paramount), the Ontario Court of Appeal upheld the trial decision made by Madam Justice Vermette of the Ontario Superior Court of Justice...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Protection Of Personal Information In Quebec: The Impact Of Major Reforms On Your Franchise Network

    For several months now, issues relating to the protection of personal information are an ever-rising concern in all industrialized countries, especially due to serious questions ...
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Reflections On The Arthur Wishart Act

    January 31, 2024 marks 23 years since the Arthur Wishart Act (Franchise Disclosure), 2000 [the "Act"] was declared in force.
    CanadaCorporate/Commercial Law
    Hoffer Adler LLP
    Hoffer Adler LLP
  • Article

    Should I Franchise My Business?

    Franchising as a business expansion model has many advantages and can be a great choice for the right business. However, not all businesses are well-suited to be franchised (sometimes...
    CanadaCorporate/Commercial Law
    Siskinds LLP
    Siskinds LLP
  • Article

    Sound Management Of Your Contracts With Your Franchisees Can Help You Avoid Some Very Costly Mistakes, Including The Following Six Ones

    We have already written a few times on the importance for any franchisor to have clear and complete contracts that are well adapted to its business model, its network and its operations.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Taking Advantage Of Upcoming Amendments To Ontario's Franchise Act

    Effective September 1, 2020, franchisors in Ontario will be able to take advantage of recently announced amendments to Ontario's law governing franchises (the Arthur Wishart Act (Franchise Disclosure), 2000) ("Ontario's Act") and its regulations.
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    When Can A Director Or Officer Of A Franchise Become Personally Liable?

    As we discussed in a recent article, franchisees sometimes have access to powerful potential remedies against franchisor corporations in cases of franchise disclosure issues.
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    How To Buy A Business In Canada For Immigration And Profit

    In this article, we discuss 3 strategies that will help you find, negotiate, and buy a business in Canada for the price that fits your budget.
    CanadaImmigration
    Sobirovs Law Firm
    Sobirovs Law Firm
  • Article

    No Franchise Disclosure Document Required: Ontario Court Of Appeal Considers The One-Year Term/No Franchise Fee Exemption

    The Ontario Court of Appeal recently confirmed that franchisors do not need to provide a disclosure document to prospective franchisees where the franchise term is one year or less and franchisees do not pay a non-refundable franchise fee.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Government Of Québec Proposes Stricter French Language Law: What Franchisors Need To Know

    On May 13, 2021, the Government of Québec presented An Act Respecting French, the Official and Common Language of Québec [PDF] (the Act), which proposes significant amendments to the Charter of the French Language (the Charter).
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Aroma Of Controversy: Stirring Up Arbitrator Disclosure Duties

    The Ontario Court of Appeal's decision in Aroma Franchise Company Inc v Aroma Espresso Bar Canada Inc has reshaped the disclosure obligations of arbitrators, particularly in cases involving multiple appointments...
    CanadaLitigation, Mediation & Arbitration
    Lenczner Slaght
    Lenczner Slaght
  • Article

    Case Comment: T A & K Enterprises Inc. v. Suncor Energy Products Inc. and Suncor Energy Inc.

    The recent decision of the Ontario Court of Appeal in T A & K Enterprises Inc. v. Suncor Energy Products Inc. and Suncor Energy Inc.
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    A New Paradigm In Canadian Franchise Law

    In Dunkin' Brands Canada Ltd.,1 the Quebec Court of Appeal upheld the trial court decision which held the franchisor liable for failing to protect its brand, but reduced the damages awarded to franchisees.
    CanadaCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Beyond COVID-19: A Different World And Improved Collaboration Between Businesses And Within Networks

    As we approach the end of the first acute phase of the COVID-19 pandemic crisis, we need to recognize that business will not be the same as before, at least for many months.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Beyond COVID-19: Treating A Franchisor-Franchisee Dispute As A Divergence To Be Reconciled Rather Than A Battle To Be Won

    We certainly do not always agree with this wise maxim, since sometimes a judgment is the best way to end a dispute or to obtain compensation for damages suffered.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Can Your Right Of First Refusal Be Easily Circumvented?

    Nearly all franchising agreements contain a right of first refusal stipulated in favour of the franchisor in the event the franchisee would like to sell its franchised business.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Donut Wars Part II - Dunkin' Donuts

    The decisions in Tim Hortons and Dunkin' Donuts provide an important lesson for franchisors and franchisees alike.
    CanadaCorporate/Commercial Law
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Franchisors Beware: Terminating Franchise Agreements For Inadequate Financial Disclosure

    In a recent decision of the Ontario Court of Appeal, the Court upheld a franchisee's right to rescind a franchise agreement where the franchisor failed to provide adequate disclosure prior to entering into the agreement.
    CanadaCorporate/Commercial Law
    Torkin Manes LLP
    Torkin Manes LLP
  • Showing 641–660 of 931 results

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