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12 results found

Article

Osler Hoskin & Harcourt LLP | Canada | 19 Apr 2018

Notable decisions in Alberta and British Columbia

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

Article

Gowling WLG | Canada | 26 Feb 2018

Is your licence or distribution arrangement really a franchise?

Many equate franchising with the well-known and recognized quick-service restaurants and coffee bars prevalent around the world. But you would be

Article

Osler Hoskin & Harcourt LLP | Canada | 28 Oct 2016

Protecting against bad faith claims when terminating franchisees

The Alberta case of Seto v Wendy’s reminds franchisors that the courts may scrutinize the purpose of significant decisions affecting franchisees’

Article

Field Law | Canada | 12 Mar 2015

What happens when a franchise agreement ends, part two: cancellation

In some cases, a franchise relationship ends after many years of business. At the point of termination, the parties must wrestle with a number of

Article

Osler Hoskin & Harcourt LLP | Canada | 11 Oct 2013

Only one signature on the franchisor’s certificate is still fatally deficient

Alberta courts have recently upheld the strict disclosure requirements confirmed by the Alberta Court of Appeal in Hi Hotel Limited Partnership v

Article

Cassels Brock & Blackwell LLP | Canada | 2 Oct 2012

Alberta court addresses franchisee renewal rights

760437 Alberta Ltd.

Article

Heenan Blaikie LLP | Canada | 13 Apr 2012

Court overrules right to oppose franchise agreement assignment in bankruptcy

The Alberta Court of Appeal recently released the first Canadian appellate court decision interpreting a bankruptcy trustee's rights to assign a franchise agreement of a bankrupt franchisee over the franchisor's objections.

Article

Cassels Brock & Blackwell LLP | Canada | 7 Feb 2012

A discrepancy between disclosure document and franchise agreement causes Alberta court to deny enforcement of non-competition clause

The Alberta Court of Queen’s Bench recently issued a reminder to franchisors of the consequences of inaccurate disclosure.

Article

Osler Hoskin & Harcourt LLP | Canada | 14 Oct 2011

Alberta Court confirms new rights for trustees of a bankrupt franchisee

Section 84.1 was recently added to the Bankruptcy and Insolvency Act and negatively affects franchisors when their franchisees file for bankruptcy.

Article

McCarthy Tétrault LLP | Canada | 16 Jun 2011

Franchise agreements may be assigned to another franchisee without consent upon bankruptcy

A recent Alberta appellate decision establishes that a trustee in bankruptcy may sell a franchise agreement to a third party, in spite of objections by the franchisor, under the Bankruptcy and Insolvency Act (BIA).

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