Franchise

U.S. franchise expansion into Canada: considerations and risks

In the final instalment of a three-part series on American chains entering the Canadian market, Toronto franchise lawyer Joseph Adler explores economic and other business-related considerations when seeking to expand a franchise system into this country. Read more

U.S. franchisors need to 'Canadianize' disclosure documents

Although Canada is often viewed by Americans as an extension of the United States, there are important differences with the country's franchise disclosure regimes and with other laws that should be considered before a company expands here, Toronto franchise lawyer Joseph Adler tells AdvocateDaily.com. Read more

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 understanding cultural differences and consumer preferences. Read more

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 the coffee chain. Read more

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, Toront... Read more

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 the franchisor-franchisee relationship. Read more

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 Superior Court of Justice, granted summary judgment on the basis of non-disclosure to plaintiffs who purchased the rights to operate an alcohol delivery service under an established trademark. Read more

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 reminders, Toronto franchise lawyer Joseph Adler tells AdvocateDaily.com . Read more

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 AdvocateDaily.com. Read more

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 be dependent on when it's being exercised, Toronto franchise lawyer Joseph Adler tells AdvocateDaily.com . Read more

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. Read more

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 tells AdvocateDaily.com. Read more

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 decision of Justice Wendy M. Matheson of the Superior Court of Justice had thrown the proverbial wrench into the works of most franchisors. Read more

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 — demonstrate the increasing confusion around how the relationship actually works, Toronto franchise lawyer Joseph Adler tells AdvocateDaily.com . Read more

‘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 the judicial interpretation of it, London, Ont. franchise lawyer Peter Dillon writes in the fall 2017 edition of Franchise Law Journal . Read more