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Are there risks for a franchisor that is involved in a franchisee’s employment practices?

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

Yes. A franchisor's involvement in a franchisee's employment practices could result in the franchisee being considered an employee of a franchisor if

Zwaniga v. Johnvince Foods: a warning against improperly naming defendants as “franchisor’s associates”

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

In Zwaniga v. Johnvince Foods (Zwaniga), Justice Perell granted pre-certification summary judgment dismissing a proposed class action against one of

New York Fries: court awards $500,000 against franchisees for defamation

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

In November 2012, the Ontario Superior Court of Justice granted default judgment and awarded $500,000 against former franchisees who had defamed New

Fabutan: renewal, termination and the duty of good faith

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

Against the backdrop of a bitter family dispute, the Fabutan decision1 reinforces the maxim that business and family often do not mix. This case

Is British Columbia next in line for franchise legislation?

Osler, Hoskin & Harcourt LLP
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Canada
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April 5 2013

Proposed franchise legislation featured prominently in "An Agenda for Justice," a report recently released by the British Columbia Branch of the

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

Osler, Hoskin & Harcourt LLP
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Canada
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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

Settlement agreements: steps to protect enforceability

Osler, Hoskin & Harcourt LLP
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Canada
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September 27 2012

On March 3, 2012, the Ontario Superior Court of Justice released its decision in Dodd v. Prime Restaurants of Canada Inc. (2012 ONSC 1578

Burnett Management Inc. v. Cuts Fitness for Men reminds franchisors that they must have their disclosure documents in shape

Osler, Hoskin & Harcourt LLP
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Canada
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September 27 2012

Burnett v. Cuts serves as an important reminder to franchisors - in particular American franchisors operating in Canadian provinces with franchise disclosure legislation - of the significant risks of failing to provide proper disclosure to prospective franchisees and of keeping franchisees and prospective franchisees “in the dark.”

What happens when an Ontario franchise disclosure document is delivered electronically?

Osler, Hoskin & Harcourt LLP
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Canada
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September 27 2012

In the July 6, 2012 decision of the Ontario Superior Court of Justice in Vijh et al v. Mediterranean Franchise Inc. et al (2012 ONSC 3845), the court answered the often posed question of what happens if a franchisor delivers an Ontario franchise disclosure document electronically

It’s showtime in Manitoba!

Osler, Hoskin & Harcourt LLP
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Canada
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September 27 2012

Manitoba is mere days away from becoming the fifth Canadian province with franchise legislation

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