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Adam Ship McCarthy Tétrault LLP

Results 1 to 5 of 19



Ontario Court of Appeal provides guidance on the definition of "franchisor’s associate" *

Canada - May 6 2013
A recent decision of the Court of Appeal for Ontario (ONCA) helps define the concept of "control," as it relates to the definition of a "franchisor's…

Co-authors: Tyler McAuley, Sarit E. Batner.


Ontario court considers franchise class action challenging scope of franchisors’ right to profit from franchisees *

Canada - October 9 2012
In Spina v. Shoppers Drug Mart Inc., 2012 ONSC 5563, Justice Perell for the Ontario Superior Court has given judgment in the first stage of a class action certification motion brought on behalf of franchisees of Shoppers Drug Mart.

Co-authors: Thomas N.T. Sutton, R. Paul Steep, Tyler McAuley, Sarit E. Batner.


Franchisors: what are you doing to protect your brand? *

Canada - July 4 2012
If you are the owner of a franchise system and have recently seen the entry of an aggressive competitor into your market, there are lessons for you in the Québec Superior Court decision Bertico inc. v. Dunkin’ Brands Canada Ltd. released on June 21, 2012.

Co-authors: William D. Black, Jane Langford.


The Court of Appeal clarifies interplay between the Limitations Act, 2002 and the Arthur Wishart Act (Franchise Disclosure), 2000 *

Canada - June 13 2012
In 2130489 Ontario Inc. v. Philthy McNasty's (Enterprises) Inc., the Ontario Court of Appeal clarified how the limitation period in the Limitations Act, 2002 (Limitations Act) interacts with the time periods for rescission set out in the Arthur Wishart Act (Franchise Disclosure), 2000.

Co-authors: William D. Black, Jane Langford.


Court specifically enforces franchisee’s right of renewal despite bitter personal dispute with franchisor *

Canada - May 23 2012
A recent decision of the Alberta Court of Queen’s Bench — 760437 Alberta Ltd. v. Fabutan Corporation (Fabutan) — provides an important reminder to franchisors: the court may well order specific performance of a franchisee’s right of renewal despite the existence of a bitter dispute between representatives of the franchisor and franchisee.

Co-authors: Katherine Booth, Jane Langford.


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