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: Stephanie Sugar

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Today

Springdale Pizza: More than 2 for 1…

  • July 08, 2013
  • Geoffrey B. Shaw, Jonathan Wansbrough

Should franchisees be able to get something for nothing? One would think not but in the recent decision in 2189205 Ontario Inc. et al. v. Springdale Pizza Depot Ltd. et al., 2013 ONSC 1232, 2013 CarswellOnt 2630 (Springdale Pizza)...

Franchisor or Franchisee: Who is the Employer?

  • April 24, 2012
  • 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.

The Case for Mediation and Arbitration of Franchise Disputes

  • April 17, 2012
  • Frank Zaid

Franchising has become big business in Canada. According to the Canadian Franchise Association website, franchise businesses account for 40% of all retail sales in Canada and there are over 78,000 franchise units across Canada...

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.