Articles - Focus on Franchising

About Articles The following articles are published by the Franchise Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Philip Kennedy


The Importance of Full Disclosure Before Renewal

  • April 17, 2012
  • Tanya C. Walker, Sarah Deol

In Sirianni et. al. v. Country Style Food Services Inc. et. al., 2012, the Ontario Superior Court discussed the applicability of the disclosure requirements of Arthur Wishart Act (Franchise Disclosure), 2000.

For the Record: Recent Cases, Legislation and Trends

  • April 17, 2012
  • David Kornhauser

Two recent cases demonstrate the differing results that can follow when claiming damages for breach of the duty of fair dealing in Section 3 of the Arthur Wishart Act (Franchise Disclosure), 2000 compared to claimimg punitive damages.

Limitation Periods and The Rescission Remedy

  • April 17, 2012
  • Gillian S.G. Scott

In Ontario Inc. v. Philthy McNasty’s (Enterprises) Inc., Justice Whitaker held that the limitation period for a claim of compensatory rescission damages starts to run at the point the franchisee knows the franchisor will not be honouring a claim for damages.

Franchisor or Franchisee: Who is the Employer?

  • November 01, 2011
  • Nadine Cote

Courts and administrative tribunals are generally sensitive to the vulnerability of employees in employment relationships due to the often unequal bargaining power between employers and most employees.

Leasing of the Business Premises

  • November 01, 2011
  • Dan So, Melissa Won

The physical premises from which a franchised business operates will, in many circumstances, have a direct impact on the financial success of the business and, by extension, the franchise system.

Franchise Renewals: An In-House Counsel's Perspective

  • November 01, 2011
  • Ross Bain

The Franchise documents have been signed, the training is over, and the outlet has opened. Should the Development and Legal Departments close their files, and diarize them for 10 years from now?