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  • Article

    Planning Your Network Expansion: By Waves, Clusters And Concentric Circles!

    Except for very large franchisors with significant financial and human resources, the expansion of a franchise network often poses serious challenges.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Québec Court Of Appeal Upholds Finding Of Franchisor’s Obligation To Maintain Brand Strength

    In a highly anticipated decision released on April 15, 2015, the Québec Court of Appeal upheld the findings of Justice Tingley of the Québec Superior Court that the Dunkin’ Donuts franchisor in Québec breached its franchise agreements with its Québec franchisees by failing to adequately support them in the face of the "Tim Hortons phenomenon" in that province.
    CanadaCorporate/Commercial Law
Osler, Hoskin & Harcourt LLP
Osler, Hoskin & Harcourt LLP
  • Article

    Raibex Canada Ltd. v. ASWR Franchising Corp.: A Victory For Franchisors

    Provisions to the same effect are included in section 6 of the B.C. Franchises Act.
    CanadaCorporate/Commercial Law
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Roll Out The Changes To Win: Court Grants Summary Judgment To Tim Hortons In Proposed Class Action

    Over the past decade, the province of Ontario has become a battleground with respect to class proceedings involving franchisors and franchisees.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Saskatchewan's Franchise Disclosure Regulations Released

    On April 16, 2025, the Saskatchewan Gazette published The Franchise Disclosure Regulations (the "Regulations") which, as anticipated, closely align with the regulations in the other Disclosure Provinces.
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    What Are Material Facts And Changes? Why Does Disclosure Matter In Franchise Law?

    In this article, we highlight the importance of the obligation under Canadian franchise law to disclose all material facts and all material changes.
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    What Is The Best Way To Hold Leases For Your Franchise Network?

    This model is also used by several franchisors.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    You Have Been Told That Franchise Disclosure Is Not Mandatory In Québec: This Is "Fake News"!

    Along with Newfoundland and Labrador, Nova Scotia and Saskatchewan, Québec is one of the four Canadian provinces that do not have a specific franchise act.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Court Of Appeal Revives Franchisor’s Non-solicitation Claim (F45 Training Canada Limited v. 2685802 Ontario Limited)

    The Ontario Court of Appeal examines when restrictive covenants in franchise agreements cross the line from reasonable protection to unenforceable restraint of trade. In a dispute between F45 Training and former franchisees who opened a competing gym in the same location, the court clarifies how ambiguity and reasonableness must be assessed separately, and why non-solicitation clauses often succeed where broader non-competition restrictions fail.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    How To Select The Right Franchisee For Your Restaurant Franchise System

    What are the most important factors that determine the success of a restaurant franchisor? From this author's experience, ...
    CanadaCorporate/Commercial Law
    Sotos LLP
    Sotos LLP
  • Article

    Special Circumstances: Lessons From Canada's Federal Court On Trademark Non-Use

    A recent decision of the Federal Court, Trial Division in Little Brown Box Pizza, LLC v. DJB (2024 FC 1592) provides guidance on the question of special circumstances that can excuse an absence...
    CanadaIntellectual Property
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    A Closer Look At Saskatchewan's Proposed Franchise Legislation

    As we previously reported, the Legislative Assembly of Saskatchewan recently introduced its franchise legislation, titled "Bill 149, The Franchise Disclosure Act" (the Bill).
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Alberta Court Of Appeal Provides Guidance On Net Loss Calculation On Rescission

    A recent decision of the Court of Appeal of Alberta provides guidance on the calculation of net losses on rescission, including charges for services provided by principals and whether profits...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Amendment To Ontario Franchising Legislation

    On July 16, 2020, the Government of Ontario confirmed that the amendment (the "Amendment") to both the franchise legislation, the Arthur Wishart Act...
    CanadaCorporate/Commercial Law
    McMillan LLP
    McMillan LLP
  • Article

    Breaking New Ground: Court Dispenses With Arthur Wishart Act Disclosure Requirements In Landmark Insolvency Case

    Justice Osborne's Endorsement in Re: TBS Canada grants novel relief to the mandatory franchise disclosure requirements under the Arthur Wishart Act (Franchise Disclosure)...
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Franchise Law In British Columbia: The New Franchises Regulation

    On October 3, 2016, the British Columbia legislature released the long-awaited Franchises Regulation, which, along with the Franchises Act,2 came into force on February 1, 2017.
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Franchisor Disclosure Obligations When A Franchisee Resells Its Franchise

    The relationship between the franchisor and the new franchisee precluded the franchisor from claiming an exemption from the disclosure requirement.
    CanadaCorporate/Commercial Law
    Goldman Hine LLP
    Goldman Hine LLP
  • Article

    Just Desserts: British Columbia Finds In Favour Of Franchisor In Termination Case

    The case concerned a franchisee with a lengthy history of failing to meet its obligations under the franchise agreement.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Make Sure The Financial Statements You Prepare For Franchisors Meet The Necessary Requirements

    Since the introduction of the Arthur Wishart Act (Franchise Disclosure), 2000 (Ontario) (the "Act"), franchisors looking to set up franchises in Ontario have had to learn to prepare their franchise disclosure document ("FDD") with great care and detail.
    CanadaCorporate/Commercial Law
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    Ontario Court Of Appeal Dismisses Pet Valu Class Action, Clarifies The Scope Of The Duty Of Good Faith And Fair Dealing And Calls For Greater Judicial Restraint

    The recent decision of the Ontario Court of Appeal in 1250264 Ontario Inc. v. Pet Valu Canada Inc., 2016 ONCA 24 clarifies and narrows the scope of the duty of good faith and fair dealing imposed on franchisors under section 3 of the Arthur Wishart Act (Franchise Disclosure).
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Showing 681–700 of 931 results

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