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Cases to watch for...

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

Hino Truck Centre (Toronto) Ltd. v. Hino Motors Canada Ltd

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

Roll out the changes to win: court grants summary judgment to Tim Hortons in proposed class action

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • February 27 2012

The issue of whether an unsecured party can purchase a secured party’s debt to shelter its own unsecured debt under the newly acquired security is often debated

Judgment released, releases judged: court finds Midas franchisee releases unenforceable

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

Franchisors should remember their potential disclosure obligations when dealing with franchise resales

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • July 20 2011

The Ontario Court of Appeal has recently released a decision that serves as a reminder to franchisors of their potential disclosure obligations under the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”) in cases where a franchise is being resold

Trade Secrets International Ltd. v. Jalaly 2009

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

Materially deficient FDD is no FD at all; franchisee granted rescission on summary judgment

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • November 30 2010

In a case that continues the trend of courts in Ontario, MBCO Summerhill Inc. v. MBCO Associates Ontario Inc. 2010 ONSC 5432, the Ontario subfranchisor of the MBCO restaurant bakery concept, and related parties, were found to have delivered no disclosure document at all and summary judgment was granted to the plaintiff franchisee on a claim for rescission