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Are You at Risk of Getting in Trouble Because of Your Renewal Clauses?
  • Fasken
  • Canada
  • May 23 2018

The following is an actual situation that was experienced by a major franchisor. This franchisor's standard franchise agreement provided that its


Tainted duty of care analysis infected listeria class action, Court of Appeal finds
  • Osler Hoskin & Harcourt LLP
  • Canada
  • May 23 2018

A manufacturer’s breach of its duty to supply products of merchantable quality to consumers does not necessarily entitle third parties within the


The “designated successor” clause: a valuable tool for better succession planning
  • Fasken
  • Canada
  • April 26 2018

For some franchise networks, franchisees' succession is a major challenge, and, in some cases, is becoming increasingly pressing. In the short term


Frequently Asked Questions - Franchising in Québec
  • Osler Hoskin & Harcourt LLP
  • Canada
  • April 19 2018

Franchisors looking to expand business operations into Québec need to be mindful of the key differences in the franchise model unique to the province


Notable decisions in Alberta and British Columbia
  • Osler Hoskin & Harcourt LLP
  • Canada
  • April 19 2018

While recent Alberta and British Columbia jurisprudence is decidedly pro-franchisor, it highlights that care must be taken to ensure (i) clear and


The validity of non-refundable franchise fees
  • Osler Hoskin & Harcourt LLP
  • Canada
  • April 19 2018

In Mancilla c. Franchises Coq & Rico inc., the Québec Superior Court discussed the obligations of the parties to a franchise agreement. In its


Rescission decision emphasizes potential disclosure exposure
  • Osler Hoskin & Harcourt LLP
  • Canada
  • April 19 2018

In Giroux et al. v. 1073355 Ontario Ltd. et al, 2018 ONSC 143 (Giroux), franchisees sought a declaration, on a summary judgment motion, that they were


No summary judgment for franchisee in Hepburn v. AlarmForce
  • Osler Hoskin & Harcourt LLP
  • Canada
  • April 19 2018

In Hepburn v. AlarmForce, a franchisee sought partial summary judgment arguing that the franchisor failed to provide a disclosure document and had


Breach of the franchise agreement: No automatic compensation for the franchisor
  • Osler Hoskin & Harcourt LLP
  • Canada
  • April 19 2018

In Caux & Fils inc. c. 9215-4012 Québec inc. (Scellants Elastek), 2017 QCCS 4948, the Québec Superior Court confirmed that a franchisor is not liable


Are your franchise agreement’s termination provisions truly effective?
  • Fasken
  • Canada
  • April 10 2018

Termination provisions are among the most important in any franchise agreement. They determine when and how the franchisor may terminate the franchise