An Analysis of Exclusive Territory Rights in Franchise Agreements July 08, 2013 Chad Finkelstein "How much is the initial franchise fee?" "What's the royalty rate?" These questions are, almost invariably the first two asked by any prospective franchisee when exploring franchise systems to buy into.
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.
A Formidable CASL: The Impact of Canada's Anti-Spam Legislation on Franchising November 01, 2011 Dominic Mochrie Canada’s new anti-spam legislation (“CASL”) will change the way businesses conduct electronic marketing campaigns.
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?