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Arbitration clause in franchise agreement survives rescission
- Cassels Brock & Blackwell LLP
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- Canada
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- October 14 2008
In MDG Kingston Inc. v. MDG Computers Canada Inc., 2008 ONCA 656, the plaintiff franchisee brought a claim for rescission and damages related to two franchise agreements
Ontario Court of Appeal clears the way for arbitration of franchise disputes
- McMillan LLP
- -
- Canada
- -
- November 17 2008
Arbitration is increasingly displacing traditional litigation as the dispute resolution mechanism of choice for many businesses, including franchisors and franchisees
Court upholds arbitration order terminating franchises where franchisees operating similar businesses
- Osler, Hoskin & Harcourt LLP
- -
- Canada
- -
- October 12 2009
In Jamani v. Subway Franchise Systems of Canada Ltd., 2008 A.J. No. 1226, the Alberta Court of Queen’s Bench dismissed an application for leave to appeal an Arbitration Award that ordered the termination of two Edmonton Subway franchises
Ontario Court of Appeal upholds arbitration agreement in franchise agreement
- Cassels Brock & Blackwell LLP
- -
- Canada
- -
- February 9 2011
The Ontario Court of Appeal recently upheld the applicability of an arbitration provision in a franchise agreement as sufficient to require the arbitration of the disputes between the franchise parties, including the issue of whether the franchise agreement itself was valid
Supreme Court rules on the enforceability of consumer arbitration clauses
- Gowling Lafleur Henderson LLP
- -
- Canada
- -
- May 13 2011
On March 18, 2011, the Supreme Court of Canada released its long-awaited decision in Seidel v. Telus Communications Inc. ("Telus"), clarifying the state of the law regarding arbitration clauses and whether they act as a bar to class action proceedings in contracts of adhesion, being contracts presented without any ability to negotiate their terms
A Canadian perspective on the U.S. Supreme Court’s recent ruling on class arbitrations
- Cassels Brock & Blackwell LLP
- -
- Canada, USA
- -
- May 11 2011
In A.T.&T. Mobility LLC v. Concepcion (“Concepcion”), a recent decision of the United States Supreme Court, a narrow 5-4 majority held that an individual arbitration clause can operate to defeat a class process
Supreme Court of Canada denies leave to appeal, upholds Ontario Court of Appeal’s decision confirming the applicability of an arbitration provision in a franchise agreement
- Cassels Brock & Blackwell LLP
- -
- Canada
- -
- May 11 2011
The Supreme Court of Canada recently dismissed the franchisee plaintiffs' application for leave to appeal an Ontario Court of Appeal decision upholding the applicability of an arbitration provision in a franchise agreement including where the issue in dispute was whether the franchise agreement itself was valid
Saskatchewan court finds franchisor waived arbitral termination decision by its post-termination conduct
- Cassels Brock & Blackwell LLP
- -
- Canada
- -
- 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
Apologies as dispute resolution
- Osler, Hoskin & Harcourt LLP
- -
- Canada
- -
- May 17 2012
In a perfect world, a sincere apology could help resolve a dispute quickly, restoring the good working relationship between franchisor and franchisee without litigation
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
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- Workarea - Arbitration
- Workarea - Franchising
- Jurisdiction - Canada
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