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The recent case of 2352392 Ontario v. MSI, 2019 ONSC 4055 provides further guidance on a franchisee's obligation to provide notice to the franchisor in order to properly engage their statutory rights of rescission.

The Ontario Court of Appeal confirmed that conduct can trump contract in a recent decision concerning a dispute between Coffee Time Donuts and one of its franchisees.

In our Franchising Bulletin entitled "Your Franchisee's Performance: the Importance of Personal and Contextual Factors", we reported on the results of an important academic study conducted...

This was an attempted class action brought by Tim Hortons franchisees against the franchisor claiming eroding profits from changes made to the franchisor’s system.

Canada's Competition Bureau has released draft Cartel Enforcement Guidelines that consolidate and update guidance on criminal cartel provisions, introducing significant new positions on bid-rigging, foreign-based conspiracies, facilitating practices like MFN clauses, franchise systems, and employer agreements. These proposed guidelines expand the Bureau's enforcement approach beyond established case law and warrant careful attention from Canadian businesses operating in competitive markets.

On July 27, 2012, Justice Strathy of the Ontario Superior Court of Justice released a decision in the <em>1250264 Ontario Inc. v. Pet Valu Canada Inc.(Pet Valu)</em>¹franchise class action setting aside certain opt-out notices obtained from potential franchisee class members as a result of the "irreparable impairment" of the opt-out process (the Opt-Out Decision).

It is not necessary for the franchisee to lead evidence that the material deficiencies caused an actual impairment of their ability to make an informed investment decision.

In March 2016, Ontario's Ministry of Government and Consumer Services established a new Business Law Advisory Council, which was tasked with putting forward recommendations for modernizing Ontario's corporate and commercial statutes.

The Ontario Superior Court's decision in EazyFoods Inc. v 615241 Ontario Ltd. examines the consequences when franchisors fail to meet Ontario's rigorous pre-contractual disclosure requirements under the Arthur Wishart Act. This case reveals how deficient financial statements, piecemeal disclosure practices, and material omissions can expose franchisors to substantial rescission damages when franchise relationships deteriorate.

The Quebec Court of Appeal's decision in Dunkin' Brands Canada Ltd. v. Bertico et al. is of tremendous importance, as it undertakes an in-depth and thorough examination of the rights and obligations...

Chacun de ces modèles offre quelques avantages, mais, au bout du compte, soulève un risque semblable à la franchise-maîtresse.

In 2352392 Ontario v. MSI,1 the Court of Appeal for Ontario held that, in the specific circumstances of the case, a third party claim brought by a franchisee

After completing its third reading on April 16, 2024, Saskatchewan's Franchise Disclosure Act (The "Franchise Disclosure Act") received royal assent on May 8, 2024.

Franchising is an increasingly attractive business model for many businesses.

When planning to expand its franchise network in a new market (particularly in another province or another country), the master franchise is generally the first development model that comes to mind to the franchisor (and to its legal counsel).

At its core, franchising is nothing more than a strategy for business expansion. Most franchised restaurant systems begin with a single-unit operation.

First of all, we wish you a Happy and Wonderful Year 2021. It should not be too difficult for 2021 to be a better year than 2020.

As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the LRA and ESA could enhance protections for workers.