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Ontario Court of Appeal confirms limitation period for rescission actions under Ontario’s franchise legislation

Cassels Brock & Blackwell LLP
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Canada
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July 12 2012

The Ontario Court of Appeal recently heard an appeal of a decision Cassels discussed in its February 2012 e-Communique, the Ontario Superior Court of Justice decision in 2130489 Ontario Inc. v. Philthy McNasty’s (Enterprises) Inc. (2011 ONSC 6852

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

Roll out the changes to win: court grants summary judgment to Tim Hortons in proposed class action

Cassels Brock & Blackwell LLP
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Canada
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February 27 2012

The issue of whether an unsecured party can purchase a secured party’s debt to shelter its own unsecured debt under the newly acquired security is often debated

Recent Ontario court decision outlines the limitation period for rescission claims under Ontario’s franchise legislation

Cassels Brock & Blackwell LLP
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Canada
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February 8 2012

In a recent decision of the Ontario Superior Court of Justice, 2130489 Ontario Inc. v. Philthy McNasty’s (Enterprises) Inc. (2011 ONSC 6852), the court examined the issue of limitation periods in respect of statutory rescission claims under the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”

A discrepancy between disclosure document and franchise agreement causes Alberta court to deny enforcement of non-competition clause

Cassels Brock & Blackwell LLP
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Canada
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February 7 2012

The Alberta Court of Queen’s Bench recently issued a reminder to franchisors of the consequences of inaccurate disclosure

Saskatchewan court finds franchisor waived arbitral termination decision by its post-termination conduct

Cassels Brock & Blackwell LLP
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Canada
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February 7 2012

A 2011 decision from the Saskatchewan Court of Queen’s Bench suggests that a franchisor may risk inadvertently waiving its ability to enforce an arbitral decision terminating a franchisee if that franchisor’s post-termination conduct re-affirms the franchise relationship

Ontario Court of Appeal upholds dismissal of a proposed class action involving franchise disclosure

Cassels Brock & Blackwell LLP
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Canada
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October 17 2011

In Cassels Brock’s February 2011 Franchise Law e-communiqué, we mentioned a decision of the Ontario Superior Court of Justice in which a franchisor ("Suncor") was able to obtain summary judgment in respect of a proposed class action brought on behalf of 241 franchisees alleging the franchisor’s failure to deliver franchise disclosure documents

Franchisors should remember their potential disclosure obligations when dealing with franchise resales

Cassels Brock & Blackwell LLP
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Canada
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July 20 2011

The Ontario Court of Appeal has recently released a decision that serves as a reminder to franchisors of their potential disclosure obligations under the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”) in cases where a franchise is being resold

Ontario Superior Court of Justice recognizes that a franchisor’s duty of good faith often involves the balancing of competing interests

Cassels Brock & Blackwell LLP
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Canada
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May 11 2011

In a recent decision of the Ontario Superior Court of Justice, a franchisee whose business had the potential of being impacted by an injunction brought by another franchisee against their franchisor was successful in its motion to be added as a party in respect of the injunction

Ontario court refuses to grant summary judgment against franchisor regarding non-competition provision in franchise agreement

Cassels Brock & Blackwell LLP
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Canada
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May 11 2011

A recent decision of the Ontario Superior Court of Justice demonstrated that non-competition provisions in franchise agreements will be examined carefully by the courts and are not prima facie unenforceable as a restraint on trade even if such provisions have significant geographic scope