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24 results found

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 18 Jun 2019

Franchisee or employee in disguise?

Franchising communities in Quebec and elsewhere in Canada have been eagerly awaiting a Supreme Court of Canada decision on whether an unincorporated

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 2 May 2019

Distribution & Agency in Canada

A structured guide to distribution & agency in Canada

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 11 Apr 2019

Distribution & Agency in Canada

A structured guide to distribution & agency in Canada

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 26 Mar 2019

Limits of good faith and relational nature of franchise agreements in Quebec

The Supreme Court of Canada recently reiterated the fact that franchise agreements are relational contracts and are therefore subject to a heightened

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 18 Dec 2018

Will a franchisee's rescission claim stay or will it go? Mandatory mediation may result in stay of proceedings

It has become common practice to include alternative dispute resolution (ADR) provisions in franchise agreements. A recent decision by the Ontario

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 13 Nov 2018

To be an employee or not to be - that is once again the question

The issue of whether a franchisee is an employee or an independent contractor has been debated on numerous occasions and was once again raised in a

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 21 Aug 2018

Franchisor caught between rock and hard place: importance of clear exclusivity clauses

Franchise arrangements often involve a three-way relationship whereby franchisors enter into commercial leases with landlords and then sublease the

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 5 Jun 2018

Franchisors rejoice! Ontario Court of Appeal raises bar for franchise rescission

The Ontario courts have recently endeavoured to clarify the outer limits of the parameters within which a franchisee may exercise its right to rescind

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 13 Feb 2018

Rescission or bust: statutory requirements trump franchisee's insouciance

In several Canadian provinces (including Ontario) franchisors are subject to stringent pre-contractual disclosure obligations, which require them to

Article

Lapointe Rosenstein Marchand Melançon LLP | Canada | 10 Oct 2017

Happily ever after: the perpetual franchise

The option to renew is an integral part of many contractual relationships and renewal clauses are common in commercial contracts, particularly in

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