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1
This Week May Be The Deadline For Including Updated Year-End Financial Statements In Your FDD!
For franchisors with a fiscal year-end of December 31, the deadline for including financial statements for the immediately preceding fiscal year in its franchise disclosure document (FDD)
Canada
10 Jul 2019
2
Ontario Court Confirms Low Threshold For Setting Aside Default Judgment
In 2355305 Ontario Inc. v. Savannah Wells Holdings Inc., 2019 ONSC 1220, the Ontario Superior Court of Justice recently confirmed the relatively low threshold for the granting of a motion.
Canada
23 Apr 2019
3
Supreme Court Of British Columbia Grants Injunction To Preserve Contractual Rights
A recent case out of the Supreme Court of British Columbia demonstrates the significance of preserving a franchisor's contractual rights under a franchise agreement.
Canada
23 Apr 2019
4
A Boost Of Guidance From The Alberta Court Of Appeal Regarding Relief From Forfeiture
The recent decision in Booster Juice Inc. v. West Edmonton Mall Property Inc., 2019 ABCA 58, has provided further guidance on the factors that courts may consider when granting relief from forfeiture.
Canada
23 Apr 2019
5
Raising A Red Flag – Competition Laws Being Used To Attach Non-Solicitation Clauses In US Franchise Agreements
Is it Time for You to Consider Revising your Canadian Franchise Agreement to Remove the Risk?
Canada
23 Apr 2019
6
Clarity For Crabby Joe's?: The Supreme Court Of Canada Denies Leave To Appeal In Franchise Dispute
In our previous newsletters, we reported on the case of 2212886 Ontario v. Obsidian Group, which arose out of a motion for partial summary judgment concerning a franchise dispute.
Canada
23 Apr 2019
7
The Midas Touch: Ontario Court Relies On Franchise Case To Apply Ontario Employment Legislation To California Employment Case
In McMichael v The New Zealand & Australian Lamb Company, the plaintiff, a former VP of operations at a lamb processing facility owned by the defendant in Los Angeles,
Worldwide
21 Dec 2018
8
Guidance From The Supreme Court Of Canada On Relational Contracts And The Duty Of Good Faith
In the recent decision of Churchill Falls (Labrador) Corp. v. Hydro Québec,1 the Supreme Court of Canada engaged in a discussion regarding franchise law in a non-franchise context.
Canada
21 Dec 2018
9
Franchise Law 101: What You Need To Know
The success of franchising in Canada can be seen in the many nationwide and international chains that have used franchising as a method of expanding their business.
Canada
21 Dec 2018
10
Sweet Success: Supreme Court Of Canada Denies Dairy Queen Franchisee's Leave Application
The Supreme Court of Canada has dismissed a former Dairy Queen franchisees' application for leave to appeal a decision affirming the franchisor's enforcement of a Mutual Cancellation and Release
Canada
21 Dec 2018
11
Why Franchising Could Be The Answer To Retailing Cannabis In Ontario
People across Canada this week will walk into stores and legally purchase marijuana. But not in Ontario.
Canada
23 Oct 2018
12
Ontario Court Rejects ‘Audacious' Attempt By Franchisee To Escape Loan Obligation
In a recent decision of the Ontario Superior Court of Justice, Royal Bank of Canada v. Everest Group Inc.1, the Court rejected a novel and creative franchise-related argument ...
Canada
15 Oct 2018
13
Distributorship Or Franchise? The Significance Of Control And Assistance In Determining The Application Of Franchise Legislation
A recent lower court decision in Manitoba (found here) provides further guidance in determining whether a business arrangement ...
Canada
15 Oct 2018
14
Ambiguity And Other "Grave" Concerns In Arbitration Agreements: The Ontario Superior Court Of Justice Examines Arbitration In The Franchise Context
In a recent decision, Graves v. Correactology Health Care Group Inc.,1 the Ontario Superior Court of Justice dismissed a motion to stay a franchise dispute action in favour of arbitration ...
Canada
15 Oct 2018
15
Ontario Court Of Appeal Allows Appeal On Rescission Decision
In a previous newsletter, we discussed the Ontario Superior Court of Justice's decision in 2212886 Ontario v Obsidian Group ...
Canada
12 Oct 2018
16
Ontario Decision Confirms That Substance Of An Agreement, Not Its Title, Will Determine Whether A Franchise Relationship Exists
On August 27, 2018, in Fyfe v. Stephens (Dial A Bottle),1 the Ontario Superior Court of Justice granted partial summary judgment and awarded damages ...
Canada
12 Oct 2018
17
Time To Face The Facts: Raibex Appeal Decision Provides Support To Dismiss Summary Judgment Motion Where Potential Material Facts In Dispute
On May 14, 2018, in 1680690 Ontario Inc. v. Print Three Franchising Corporation,1 the Ontario Superior Court of Justice dismissed a motion for summary judgment ...
Canada
12 Oct 2018
18
Bad Optics: Ontario Court Denies Injunction To Franchisor Seeking To End Royalty Strike
In 10313033 Canada Inc. v 2418973 Ontario Inc. et al. (Laurier Optical), the Ontario Superior Court of Justice confirmed that, while a franchisor seeking to end ...
Canada
12 Oct 2018
19
Supreme Court Of Canada Grants Leave To Appeal Quebec Court's Ruling That Franchisees Can Be Employees
On May 18, 2018, the Supreme Court of Canada (the SCC) granted leave to appeal the judgment of the Quebec Court of Appeal (the QCCA) ...
Canada
12 Oct 2018
20
Sticky Fingers: Unclean Hands And Weak Case Undermine Dairy Queen Franchisee's Injunction
Following a two-day urgent application in the Supreme Court of British Columbia, Dairy Queen Canada Inc. successfully defended a franchisee's injunction to prevent Dairy Queen from enforcing the termination of a franchise agreement pursuant to a Mutual Cancellation and Release Agreement between the parties.
Canada
12 Oct 2018
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