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Price Chopper supermarket franchisees obtain injunction against franchisor Sobeys over payment of franchisee legal fees from operations

Cassels Brock & Blackwell LLP
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Canada
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November 30 2010

In a case involving a novel provision in a franchise agreement, 1318214 Ontario Ltd. v. Sobeys Capital Inc., 2010 ONSC 4141, several Price Chopper franchisees recently obtained an injunction to prevent Sobeys from terminating their franchise agreements on the basis that the franchisees used funds from their operations to finance the litigation against Sobeys

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

Reminder: New Brunswick's Franchise Law became effective on February 1, 2011

Cassels Brock & Blackwell LLP
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Canada
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February 9 2011

Franchisors should regularly turn their minds to whether their Canadian franchise disclosure documents need updating

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

New Brunswick Franchises Act

Cassels Brock & Blackwell LLP
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Canada
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April 27 2009

On April 16, the Department of Justice and Consumer Affairs for the province of New Brunswick released a consultation paper setting out the proposed regulations under the province's Franchises Act (the "Act"

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?

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

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