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Results: 1-10 of 310

Ontario Superior Court sets aside class action opt-outs

  • Aird & Berlis LLP
  • -
  • Canada
  • -
  • April 30 2013

In a decision of the Ontario Superior Court of Justice released on July 27, 2012, the Honourable Justice George Strathy set aside various opt-out

Intra-class debate permissible during opt-out period: 1250264 Ontario Inc v Pet Valu Canada Inc

  • Bennett Jones LLP
  • -
  • Canada
  • -
  • May 7 2013

On May 3, 2013, the Ontario Court of Appeal released its decision in 1250264 Ontario Inc v Pet Valu Canada Inc, which addresses the propriety of

What franchisees want most

  • Aird & Berlis LLP
  • -
  • Canada
  • -
  • April 30 2013

In June, a Quebec court delivered an unprecedented victory to franchisees of the Dunkin' Donuts brand. The court said that the Dunkin' Donuts

Choice of law clauses: what they do and don’t do

  • Aird & Berlis LLP
  • -
  • Canada
  • -
  • April 15 2011

It is customary for agreements that are drafted by lawyers to have what is called a "choice of law clause."

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

  • McCarthy Tétrault LLP
  • -
  • 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

Call for franchise legislation in British Columbia

  • Aird & Berlis LLP
  • -
  • Canada
  • -
  • April 30 2013

The British Columbia Branch of the Canadian Bar Association recently released an "Agenda for Justice," which calls upon the Government of BC to enact

Québec Superior Court issues tough safeguard order to enforce franchise agreement

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • February 13 2009

In Eggspectations Inc. & al. v. 9157-6561 Québec Inc. & al., Eggspectations Inc. (Eggspectations) brought a motion before the Québec Superior Court seeking a safeguard order a discretionary and exceptional remedy at the disposal of the court in addition to its powers to issue injunctive relief - against 9157-6561 Québec Inc. (the franchisee

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc.: the applicability and limits of the duty of good faith

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • April 5 2013

Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. 2012 ONSC 73511 (Moore Case) reaffirms key principles in the application of the duty of good

Franchisee seeks rescission for alleged bad faith and negligent misrepresentation

  • Osler, Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • February 13 2009

In addition to lessons learned about getting into business with members of your family, the September 2008 decision of the Manitoba Court of Queen’s Bench in TDL Group Ltd. v. Zabco Holdings Inc. provides franchisors and franchisees with guidance on: (1) the scope of the duty of good faith; (2) whether an alleged failure to disclose certain information about the realities of a particular market and of being a franchisee amounts to negligent misrepresentation; (3) the importance of well-drafted entire agreement and non-reliance clauses; and (4) whether rescission is an available remedy for post-contract conduct

Franchisee dissatisfaction: what is counsel’s game plan?

  • Sotos LLP
  • -
  • Canada
  • -
  • January 12 2013

It is important for franchisors to understand what happens when one of its franchisee's concerns relating to the franchised business arrives at

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