The COVID-19 pandemic has left the cannabis community feeling uncertain with no clear roadmap ahead. Critical decisions need to be made quickly and it's important to understand that actions taken today will impact your business now ...

Franchise agreements often contain automatic renewal provisions.

As an update to a previous Cassels article,1 the Ontario Court of Appeal upheld a lower court decision granting a franchisee's rescission claim based on non-disclosure...

The recent case of 1448244 Alberta Inc. v Asian Concepts Franchising Corporation ("Asian Concepts"), a decision of the Court of Queen’s Bench of Alberta, serves as a reminder of the importance of technical compliance with the disclosure requirements in Canada, particularly those relating to certificates of full disclosure, and of the consequences of failing to properly comply with those obligations.

Cassels Brock has successfully resisted a franchisee’s appeal to the Ontario Court of Appeal regarding a lower court’s decision to strike the franchisee’s statutory rescission claims.

The Canadian Securities Administrators (CSA) has proposed amendments to the corporate governance disclosure requirements and guidelines surrounding board nomination, board renewal, and diversity...

Each spring, franchisors across the country turn their attention towards updating their Canadian franchise disclosure documents (FDD) and related franchise agreements.

In the case of Treats International Franchise Corporation v. 2247383 Ontario Inc., an Ontario court has dismissed a summary judgment motion for rescission against a franchisor commenced by former franchisees and its principals.

Franchisors should regularly consider whether their Canadian franchise disclosure document, or other franchise related documents, require updating.

The Vancouver Provincial Court also ordered Mr. Dhanani to pay a total of $194,568 in restitution to five victims.

The Bill, as originally drafted, purposefully defined franchisors of food services establishments as "owners and operators" and, as such, made franchisors liable for franchisee compliance with the legislation.

In March 2013, the Ontario Superior Court of Justice released a new rescission remedy decision that underscores the serious consequences resulting to franchisors from deficiencies in their disclosure documents required under Ontario’s Arthur Wishart Act ("the Act").

The Ontario Court of Appeal recently heard an appeal of a decision Cassels discussed in its February 2012 e-Communique, the Ontario Superior Court of Justice decision in 2130489 Ontario Inc. v. Philthy McNasty’s (Enterprises) Inc. (2011 ONSC 6852).

The decision provides a helpful assurance to franchisors that Ontario courts will assist franchisors in enforcing their contractual rights against guarantors.

In Pet Valu Canada Inc. v. 1381114 Ontario Limited, the Ontario Superior Court of Justice granted Pet Valu’s motion for an interim injunction to prevent the operation of a competing business by a former franchisee, its principal, the principal’s husband, and their corporate alter ego.

There is little doubt that shareholder activism remains alive and well in Canada and that boards of directors will increasingly face critical decisions on how to respond to maneuvers by dissident shareholders.

For the first time ever, the Government of Saskatchewan is in the process of considering the enactment of provincial franchise disclosure legislation.

A 2011 decision from the Saskatchewan Court of Queen’s Bench suggests that a franchisor may risk inadvertently waiving its ability to enforce an arbitral decision terminating a franchisee if that franchisor’s post-termination conduct re-affirms the franchise relationship.

On Thursday, November 9, 2023, the provincial government of Saskatchewan introduced its franchise legislation bill, titled Bill 149, The Franchise Disclosure Act (the Bill) for first reading in the provincial legislature.

In this video from the CBB Corporate Counsel Insights Series, partner Andrew Reback discusses share purchase agreements and cross-border tax issues.