A selection of posts written by our lawyers that provide commentary, analysis and insights on legal and industry developments and trends in the area of franchising.
On February 8, 2017, Melissa Won, a member of McKenzie Lake’s Franchise Law Group, will be speaking at the Ontario Bar Association’s Institute program, The Fundamentals of Franchise Law in Ontario.
To view the program agenda, please click here: http://www.oba.org/CBAMediaLibrary/cba_on/pdf/Institute2017/17FRA0208C.pdf
The government of British Columbia has released the regulations to the Franchises Act (BC) which will apply to franchisors selling franchises within BC as of February 1, 2017.read more
The recent case of Raibex Canada Ltd. v ASWR Franchising Corp. significantly increases the standard of disclosure required of any franchisor, whose site selection process takes place after the issuance of a disclosure document and the execution of a franchise agreement.read more
It seems that only yesterday (see our post here) that we were reporting on the first reading of the new British Columbia Franchises Act (the “Act”). Yesterday, November 17, the Act received royal assent from the British Columbia legislature (in doing so, breaking all manner of land-speed records, going from first reading to royal assent in a scant 6 weeks!).read more
On November 17, 2015, Melissa Won, a member of McKenzie Lake’s Franchise Law Group, will be facilitating a roundtable discussion at the Ontario Bar Association (OBA) 15th Annual Franchise Law Conference on how to handle record keeping at each stage of the franchise lifecycle.read more
On Sunday, November 8th, 2015, Daniel So will be speaking at the Canadian Franchise Association’s Franchise Show in Vancouver, British Columbia. He will be speaking on the top ten questions every prospective franchisee should ask before they buy a franchise.read more
Daniel So, chair of McKenzie Lake’s Franchise Law Group will be speaking on November 9th, 2015 at the Canadian Franchise Association’s “How to Franchise Your Business” seminar in Vancouver, British Columbia. He will be speaking on the legal issues facing emergent franchisors, including the types of legal documents required, intellectual property protection, other legislation affecting franchising, and how franchising works.read more
Proposed British Columbia franchise legislation, Bill 38, a Franchises Act, received its first reading in the British Columbia legislature on October 5th. The bill contains many of the hallmarks of other provincial franchise legislation in Canada.read more
Despite several consultations on franchise specific legislation in recent years by the Liberal Majority British Columbia government, it was the Opposition Party that tabled a draft bill, “Bill M219 – Franchise Act, 2015” (the “Bill”) on May 13th, 2015. The Private Members’ Bill, introduced by the NDP, is largely based on The Uniform Franchises Act (the “Act”).read more
January 1st, 2017 marks the day that the Healthy Menu Choices Act, 2015 (the “HMCA” or the “Act”) comes into force. The HMCA is directed at increasing nutritional transparency for those who own or operate chains of food service premises.read more
Under the Arthur Wishart Act (Franchise Disclosure), 2000 (the “AWA”), a franchisor must provide a prospective franchisee with a disclosure document containing, among other items, all material facts, including material facts as prescribed.read more
We are pleased to share a recent decision in which our firm was successful in having a rescission claim against our client dismissed by the Ontario Court of Appeal.read more
Today’s post, the second in our four-part series, focuses on three cases of consequence, the Caffe Demetre, Springdale Pizza and Delimark decisions. Each of these cases represents a significant development in the law relating to franchise disclosure and provides important takeaways for franchisor.read more
We are publishing a series of blog posts outlining the most notable advances and developments in franchise law of the past year. Today’s post is the first of the series, and will focus on a case of consequence—the Cora restaurant case.read more
McKenzie Lake Lawyers LLP is pleased to announce that the third edition of the best-selling text on franchise law, Canadian Franchise Law: a Practical Guide will be published this December by Lexis-Nexis Butterworths.read more
McKenzie Lake’s Franchise Group will be attending the Canadian Franchise Association (CFA) National Convention in Niagara Falls, Ontario, April 12-14, 2015.
For details, please visit the CFA website.read more
Recent franchise class action certification decision suggests corporations not believed to be franchisors could be found to be based on their actions, triggering the disclosure obligations pursuant to the Arthur Wishart Act and potential exposure for damages.read more
Leasing of the Business Premises: Considerations for the Franchisor
The premises from which a franchise operates invariably impacts the success of the business and, by extension, the franchise system. Accordingly, the franchisor must ensure that the lease for the premises addresses the intricacies of the franchise relationship.read more
McKenzie Lake’s franchise group will be attending the Canadian Franchise Association (CFA) National Convention in Niagara Falls, Ontario, on April 6 – 8.read more
Q: Why is the franchisor so reserved about earnings?
A: Prospective franchisees often find that even after researching the franchise system, engaging in discussions with the franchisor, and reviewing the franchisor’s disclosure document, earning potential remains unclear.read more
Franchisors should be aware that they may be liable to the employees of a franchisee, even where there is a written agreement that states otherwise. An employee, a franchisee or a third party can claim that the franchisor is an employer or co-employer when making a claim related to human rights, employment standards or occupational health and safety violations, or the termination of the employment or franchise relationship.read more
When it comes to a chronically non-compliant franchisee, termination often appears to be the only option. However, termination can be a costly and resource-intensive process for both the franchisor and the franchisee. In the following article, our franchise group explores various alternatives to termination.read more
In a relatively recent decision involving Springdale Pizza Depot Ltd., the Ontario Superior Court of Justice clarified that a franchisee that validly rescinds a franchise agreement is entitled to compensation for all losses incurred in acquiring, setting up and operating the franchise, regardless of whether the franchisee earned a profit prior to exercising the statutory right of rescission.read more
The British Columbia Law Institute has issued the Consultation Paper on a Franchise Act for British Columbia. It appears likely that BC may soon be the sixth province in Canada (after AB, MB, ON, PEI and NB) to adopt franchise-specific legislation. The consultation paper is intended to foster discussion amongst stake-holders in the franchise industry in British Columbia…read more