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Judgment released, releases judged: court finds Midas franchisee releases unenforceable

Cassels Brock & Blackwell LLP
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Canada
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November 3 2009

The Ontario Superior Court of Justice has released its decision in 405341 Ontario Limited v. Midas Canada Inc., in which the franchisee, party to ongoing class proceedings against the franchisor, challenged the enforceability of the requirement in its franchise agreement that it execute a full and final release of the franchisor upon renewal

Canadian disclosure laws expand - Manitoba franchise law becomes effective on October 1, 2012

Cassels Brock & Blackwell LLP
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Canada
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March 29 2012

2012 marks the further expansion of franchise disclosure legislation in Canada as the province of Manitoba has now proclaimed that its Franchises Act will come into force on October 1, 2012

Ontario court clarifies rescission rights for materially deficient disclosure documents

Cassels Brock & Blackwell LLP
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Canada
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October 13 2009

A recent decision of the Ontario Court of Appeal, 6792341 Canada Inc. v. Dollar It Ltd., serves as a valuable guide with respect to the specific standards against which franchisors will be held when fulfilling disclosure obligations under the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”

A successful termination of a franchisee who is also a plaintiff in a class proceeding

Cassels Brock & Blackwell LLP
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Canada
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October 13 2009

In Quiznos v. 1450987 Ontario Corp et al., Quiznos terminated three franchisees for violating terms of their franchise agreements for: selling under-portioned sandwiches to customers; failing to participate in promotions; and, failing to provide delivery service as directed

Is your system safe?

Cassels Brock & Blackwell LLP
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Canada
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November 9 2009

In response to recent consumer product failures and the shift of consumer product manufacturing to foreign jurisdictions, the Government of Canada is moving to shift Canada’s consumer product safety framework to one that is more far-reaching, regimented and punitive

Hino Truck Centre (Toronto) Ltd. v. Hino Motors Canada Ltd

Cassels Brock & Blackwell LLP
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Canada
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February 3 2010

If you are a franchisor and one of your franchisees has sued you, should you seek summary judgment for any amount the franchisee owes you?

Cases to watch for...

Cassels Brock & Blackwell LLP
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Canada
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February 3 2010

There are three cases of particular interest to the franchising community, that are soon to be argued or are currently waiting for judicial pronouncement

Update on Canada Consumer Product Safety Act

Cassels Brock & Blackwell LLP
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Canada
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February 3 2010

You might recall that our last e-LERT provided you with information on the Canada Consumer Product Safety Act (the "CCPSA") and the potential costs that franchisors could face if this legislation became law

Trade Secrets International Ltd. v. Jalaly 2009

Cassels Brock & Blackwell LLP
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Canada
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February 3 2010

To date, there have been precious few decisions dealing, even peripherally, with how to quantify damages under section 6 of the Arthur Wishart Act (Franchise Disclosure), 2000 (the "Act") where a franchisee has successfully sought rescission of its franchise agreement

Materially deficient FDD is no FD at all; franchisee granted rescission on summary judgment

Cassels Brock & Blackwell LLP
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Canada
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November 30 2010

In a case that continues the trend of courts in Ontario, MBCO Summerhill Inc. v. MBCO Associates Ontario Inc. 2010 ONSC 5432, the Ontario subfranchisor of the MBCO restaurant bakery concept, and related parties, were found to have delivered no disclosure document at all and summary judgment was granted to the plaintiff franchisee on a claim for rescission

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