Franchise
Michael Ford (post until Oct. 31/19)
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Franchise success in U.S. doesn't always translate in Canada

In part one of a three-part series on American chains entering the Canadian market, Toronto franchise lawyer Joseph Adler discusses the importance of due diligence and ... Read more

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Coffee giant, franchisee group close to settling two class action lawsuits

A Canadian coffee giant and an association representing some of its frustrated franchisees are close to reaching a settlement in two class-action lawsuits the group filed against ... Read more

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Ad fund usage a common fracture point in franchise relationship

In the final installment of a two-part series exploring an uptick in franchisee disappointment, Toronto franchise lawyer Joseph Adler discusses how the alleged misuse or ... Read more

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Franchisee disillusionment can lead to litigation, distrust

In the first instalment of a two-part series exploring an uptick in franchisee disappointment, Toronto franchise lawyer Joseph Adler discusses common fracture points in ... Read more

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If it looks like a franchise, it’s a franchise

By Peter Dillon for AdvocateDaily.com In another decision in the line of “accidental franchisor” cases, Justice Mary E. Vallee, of the Ontario ... Read more

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Motion to strike provides valuable franchise law reminders

An Ontario Superior Court ruling striking out many of the claims that disgruntled franchisees made in two separate legal actions provides some salient franchise law ... Read more

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Another case of the accidental franchisor

By Sam Khajeei This decision of the Ontario Superior Court of Justice exemplifies the importance of substance over form as it relates to contractual relationships that may ... Read more

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Franchising, licensing arrangements not interchangeable

Businesses looking to grow their operations may see franchising or licensing as viable opportunities, but it’s crucial to understand the differences between the ... Read more

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A world of unknowns in franchising cannabis retail outlets

Interest in franchising cannabis retail outlets is growing ahead of proposed legalization of recreational use this fall, but both prospective franchisors and franchisees need to ... Read more

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Franchise distinguished by assistance offered, control exerted

A recent decision stemming from a breach of agreement claim highlights that the definition of franchise can be a trap for the unwary, Toronto franchise lawyer Joseph Adler tells ... Read more

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Civil liability still at stake in price maintenance schemes

While price maintenance is no longer an indictable offence, franchisors must still be aware of restrictions under the Competition Act  that could lead to civil liability, ... Read more

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Before seeking injunctive relief, consider time left in franchise term

A recent case dismissing a franchisee’s motion seeking injunctive relief prohibiting the franchisor from acting on a termination notice shows that a relief application may ... Read more

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Dillon to speak at upcoming LSO event

London, Ont. franchise lawyer  Peter Dillon will give an update on franchise law at The Six-Minute Business Lawyer 2018, which takes place in Toronto on June 4. Dillon, a ... Read more

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OCA decision not a 'get out of jail free' card for franchisors

An Ontario appeal court judgment that overturned the rescission of a franchise agreement is only a qualified success for franchisors, Toronto franchise lawyer  Joseph Adler ... Read more

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A ‘dose of pragmatism’ from Court of Appeal: Dillon

By Peter Dillon Ontario’s Court of Appeal released its much-anticipated decision in this case on Jan. 25, 2018. I say much-anticipated because the summary judgement ... Read more

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Employment-related regulation not domain of franchisors

Recent examples of individuals seeking to hold franchisors accountable for the actions of their franchisees — particularly in employment-related matters ... Read more

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‘Canada: it’s like watching a car crash in slow motion:’ Dillon

While franchising provides an effective way to distribute goods and services, foreign businesses may be dissuaded from expanding here because of Canadian franchise legislation and ... Read more

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More room for improvement following franchise law changes

Toronto franchise lawyer  Joseph Adler says franchisors will be relieved by legislative amendments that allow them to enter confidentiality agreements with prospective ... Read more

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New franchise agreements can extend right of rescission

A recent Superior Court decision suggests franchisors who ask franchisees to sign a new agreement risk extending the period in which it can be rescinded, says Toronto franchise ... Read more

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Subjective approach to franchise rescission shut down

The Ontario Court of Appeal has killed off any hopes franchisors may have harboured for the injection of an element of subjectivity into the test for rescission of a franchise ... Read more

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