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Results: 1-10 of 1,606

Georgia Court of Appeals rules against consumer in action to hold manufacturer responsible for acts of failed dealer

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • October 1 2008

The Georgia Court of Appeals has soundly rejected a consumer’s attempt to impose vicarious and direct liability on a motor vehicle manufacturer for the conduct of a failing Georgia dealer

So your dealer has closed its doors -- now what?

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 13 2008

In the current economic climate, many dealers are shutting down all or part of a dealership without warning

The global economic crisis and franchise disclosure what's the connection?

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • October 10 2008

The world is undergoing an unprecedented economic crisis for this generation

Court considers appropriate time period for rescission under Arthur Wishart Act

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 10 2008

In 4287975 Canada Inc. v. Imvescor Restaurants Inc., a decision of the Ontario Superior Court of Justice dated August 18, 2008, Justice F.J.C. Newbould was asked to determine a motion by way of a special case under Rule 22 of the Ontario Rules of Civil Procedure dealing with the interpretation and application of certain provisions of the Arthur Wishart Act (Franchise Disclosure), 2000 (the Act

Georgia Supreme Court to review franchise non-compete case

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • October 11 2008

Earlier this year, the Georgia Court of Appeals made news in Atlanta Bread Company Int'l v. Lupton-Smith, Court of Appeals Case No. A08A0348, when it struck down in-term restrictive covenants of a franchisee on the grounds that the in-term restrictive covenants did not pass the test of reasonableness applied to post-term restrictive covenants

Arbitration clause in franchise agreement may survive statutory rescission of agreement

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 10 2008

In its September 30, 2008 decision in MDG Kingston Inc. et al v. MDG Computers Canada Inc. et al, the Ontario Court of Appeal considered whether an arbitration clause in a franchise agreement applies even after that franchise agreement has been rescinded under the terms of the Arthur Wishart Act (Franchise Disclosure), 2000

Courts will enforce alternative dispute mechanisms in franchise agreements

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 10 2008

In Lougheed v. Garden City Entrepreneurs Inc., 2008 O.J. No. 833 (S.C.J.), the plaintiffs brought a motion against the defendants seeking: default judgment in the amount of $345,145.72; an injunction ordering the defendants to re-instate a direct deposit entitlement of 11 cents per ATM transaction; and an order allowing such transaction funds to be applied against the entire total judgment until such judgment was satisfied

Québec franchisors need to register their head leases

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 10 2008

On September 8, 2008 the Québec Superior Court rendered judgment in the case of 9102-5486 Québec Inc. v. Café Suprême Canada Inc. et al

When does deficient disclosure constitute no disclosure at all?

  • Osler Hoskin & Harcourt LLP
  • -
  • Canada
  • -
  • October 10 2008

Should the case of Chu v. Chowdhury (c.o.b. Liberty Car and Truck Rental), 2008 O.J. No. 1975 proceed to trial, the Ontario Superior Court will be faced with the challenge of determining the point at which a disclosure document is so deficient that it cannot be considered to be a disclosure document at all

Arbitration clause in franchise agreement survives rescission

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • 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