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By Harry H. Dikranian
The beneficiary of a right of first refusal can assign or transfer the right to its heirs unless the parties had agreed on the intuitu personae nature of the right with the clear intention that the right would not be...
By Marissa Carnevale, Bruno Floriani
With this long-awaited decision, the Court of Appeal has clarified that perpetual renewal clauses are not prohibited in Quebec.
By Bruno Floriani
A persistent concern in Quebec has been whether interest or late payment clauses could be considered abusive under civil law.
By Bruno Floriani, Kiran Singh
The Quebec Superior Court in the recent case of Bertico Inc. v. Dunkin’ Brands Canada Ltd., ordered Dunkin’ Brands Canada Ltd., the franchisor, to pay more than C$16MM in damages, the full amount of their claim, to twenty-one former franchisees for repeatedly failing to protect and enhance the Dunkin’ Donuts brand in Quebec over the course of a decade.
By Bruno Floriani, Kiran Singh
TA & K Enterprises Inc., the franchisee, entered into a retail franchise agreement with Suncor Energy Products Inc., the franchisor, on November 11, 2008.
By Bruno Floriani
The recent decision in Ford Credit Canada Ltd. v. Welcome Ford Sales Ltd. may have significant implications for franchisors whose franchisees become insolvent.