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Independent franchise system ombudsman programs

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 11 2013

Some leading franchisors in the United States have established independent franchise system ombudsman programs; and the trend is becoming more common

What is the current state of Canadian law regarding pricing practices between franchisors and franchisees?

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • September 27 2012

While the practice of price maintenance has been reduced from a criminal offence to a reviewable practice under Canada’s competitionanti-trust laws, any franchisor that is considering setting resale prices or maximum resale prices for its franchisees must undertake a review of the likely anti-competitive effects of the practice before doing so

The case for mediation of franchise disputes

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • September 27 2012

Commensurate with the growth of franchising in the Canadian marketplace, franchise legislation is now in force in five of the ten provinces in Canada. In recent years a considerable number of franchise disputes have been heard by the courts, usually on an individual franchiseefranchisor basis

Part II: best practices in franchise agreement and disclosure document preparation

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • May 17 2012

In our March 2012 Franchise Review we completed the first part of our two-part commentary on important developments we have seen in franchise agreement and franchise disclosure document preparation in the past few years

Best practices in franchise agreement and disclosure document preparation

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • March 28 2012

For our first newsletter of 2012, we thought it might be timely to look back at the many developments we have seen in franchise agreement and franchise disclosure document preparation in the past few years

The duty of fair dealing in franchising practical tips for franchisors

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 14 2011

The duty of fair dealing in Canadian franchise law is a creation of both common law and statute, and has very practical applications to the manner in which franchisors and franchisees deal with each other, and to franchise agreements and related documents in general

Is it time for your franchise agreement to have a tune-up?

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • May 12 2011

Many Canadian franchisors are now following the practice of having their franchise disclosure documents reviewed and updated annually in order to comply with disclosure items that are based on fiscal year information

Ontario considers radical amendment to franchise disclosure law

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • February 10 2011

The Ontario government is considering radical changes to the Arthur Wishart Act (Franchise Disclosure), 2000, which, if passed, will require much more detailed disclosure to prospective franchisees

Best practices

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • February 10 2011

As of February 1, 2011 there are four provinces in Canada which have enacted franchise legislation (Alberta, Ontario, Prince Edward Island and New Brunswick), with a fifth province likely to bring its franchise legislation into force later this year (Manitoba

Salah and 1470256 Ontario Inc. v. Timothy’s Coffees of the World Inc., (Court of Appeal for Ontario)

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • February 10 2011

While the Ontario Court of Appeal dismissed the franchisor’s appeal in all respects in Selah and 1470256 Ontario Inc. v. Timothy’s Coffees of the World Inc., and left the trial judge’s findings intact, its decision did little to expand upon some very important legal principles which were considered in the case