Background
Blair Rebane is a partner at our Vancouver office. He is the National Leader of the Franchise and Distribution Group and has extensive experience with advising franchisors in all types of franchise matters. In addition, Blair practices in the area of construction and contract law. His clients include a number of Canada's largest franchisors, manufacturers and those involved at all levels of the construction industry.
Blair received a Bachelor of Arts from the University of British Columbia in 1987, graduated from the University of Alberta with a Bachelor of Laws in 1994, and was admitted to the British Columbia Bar in 1995.
Areas of Practice
· Franchise and Distribution Law.
· Construction and Builders' Lien Law.
· Commercial Law, with an emphasis on landlord/tenant matters and creditors' remedies.
Rankings and Recognitions
· Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Franchise Law)
· Recognized in the 2011 Canadian Legal Lexpert® Directory (Franchise Law)
· Recognized in Who's Who Legal: Canada 2011 (Franchise)
· Canadian Franchise Association's Franchise Support Services Recognition Award (2006)
Professional Experience
· Negotiated, prepared and structured a variety of different franchise and distribution arrangements, such as master franchises, unit franchises, area development agreements, dealerships, distribution agreements and sales agencies.
· Assisted clients with enforcement and termination of all types of franchise and distribution agreements.
· Appeared in the Supreme Court of British Columbia, Court of Appeal and Federal Court of Canada on franchise and construction and landlord/tenant matters in order to:
· Obtain injunctive relief to enforce the terms of franchise and distribution agreements;
· Recover monies due under franchise, distribution and lease agreements;
· Enforce non-competition covenants and trade-mark rights;
· Enforce builders' lien claims by contractors, subcontractors and material suppliers;
· Recover monies owing to construction sureties under indemnity agreements;
· Obtain recovery for contractors on delay claims; and
· Evict tenants and enforce rights under leases.
Professional and Community Activities
· Adjunct professor, University of British Columbia, Faculty of Law (1999-2011).
· Editorial Board Member of ICSC's Shopping Centre Legal Update.
· Past Legal Advisor to Pacific Region Council of the Canadian Franchise Association.
· Past Director, The Entrepreneur Assistance Society of East Vancouver.
· Presenter, facilitator and speaker at the Canadian Franchise Association's Annual Convention (2002-2009).
· Speaker at Ontario Bar Association Franchise Law Conference (2009).
· Speaker at Lorman Education Services Seminars, Builders' Liens (2008 and 2009).
· Speaker at the Western Franchise Summit (2004, 2007 and 2009).
· Speaker at Continuing Legal Education Seminar, Franchising (2010).
· Speaker at Continuing Legal Education Seminar, Creditors' Remedies (2005 and 2010).
· Speaker at Canadian Franchise Association's, How to Franchise Your Business (2004, 2005 and 2010).
· Speaker at the Canadian Franchise Association's Trade-Shows (1998 - 2010).
· Speaker at the Continuing Legal Education Seminar, Construction Law: The 20 Minute Mentor (2004).
· Speaker at the Business Law Subsection of the B.C. Branch of the Canadian Bar Association on franchise issues (2002).
· Speaker at the Canadian Franchise Association's British Columbia Legal Symposium (1998 - 2005).
· Member of the Construction, Civil Litigation and Insolvency Sections of the Canadian Bar Association.
Recent Publications
· "What Legal Issues do I Need to Consider When Creating or Revising my Franchise Information Package"? - The Franchise Voice, Spring 2011
· "The Unintended Franchise - Be Wary of Franchise Laws in Canada" - Business in Vancouver, February 2011.
· "Enforceable or Unenforceable? That is the Question: A Landlord's Right to Terminate After Receiving a Request to Assign" - ICSC Shopping Centre Legal Update, November 2010 (co-author).
· "Franchise Case Law Update"- Continuing Legal Education, 2010 (co-author).
· "Renewal Clauses in Commercial Leases: No Formula for Renewal Rent, No Problem"- ICSC Shopping Centre Legal Update, November 2009.
· "Vicarious Liability of Franchises"- 9th Annual Franchise Law Conference: The Whole Nine Yards, October 2009 (co-author).
· "Getting Paid in Tough Economic Times"- Construction Business Magazine, March/April 2009 (co-author).
· "Are Continuous Operation Clauses in Leases Enforceable?"- ICSC Shopping Centre Legal Update, November 2008.
· "Assignment and Subletting: The Perils of Ignoring Tenants"- BOMA Publication, November/December 2008 (co-author).
· "What is the Competition Act?"- Franchise Canada, July/August 2008.
· "Time Matters: The Fine Art of the Contract Schedule"- Construction Business Magazine, January/February 2008 (co-author).
· "Have Canadian Courts Adopted the Theory of Efficient Breach in the Context of Lease Law?"- ICSC Shopping Centre Legal Update, November 2007.
· "Foreseeing Unforeseen Conditions" - Construction Business Magazine, July/August 2007 (co-author).
· "How to Sell a Franchise" - globeandmail.com, July 2007.
· "Franchise Law" - globeandmail.com - April 2007.
· "Entering Into Good Faith Franchising" - globeandmail.com, March 2007.
· "Reaching Beyond Borders" - globeandmail.com, February 2007.
· "Insuring Your Franchise" - globeandmail.com, November 2006.
· "Multi-Unit Franchising" - globeandmail.com, October 2006.
· "Training: The Hidden Benefit of Franchising" - globeandmail.com, May 2006.
· "Enforceable Guarantees" - Western Investor, April 2006.
· "Ending the Franchise Relationship" - globeandmail.com, April 2006.
· "Becoming Your Own Boss - Understanding the Cost of Buying a Franchise" - globeandmail.com, March 2006.
· "Want Your Business to Grow? Advertise It" - globeandmail.com, February 2006.
· "When a Seller Gets Cold Feet" - Western Investor, February 2006.
· "Conquering the Giant: Succeeding in the United States" - Canadian Business Franchisor, 2006.
· "Building a Franchise Agreement: How to Make a Successful Plan" - Canadian Business Franchise Directory, 2006.
· "Customer Confidence Comes From Product Consistency" - globeandmail.com, December 2005.
· "Alert: Debt Collection' - Commercial Times, November 2005 (co-author).
· "Build Your Franchise on a Solid Foundation' - globeandmail.com, November 2005.
· "Becoming a Franchise' - globeandmail.com October 2005.
· "Creditors: Is Your Guarantee Enforceable?" - Business in Vancouver, October 2005 (co-author).
· "The Case for Mandatory Disclosure in Franchising" - globeandmail.com, September 2005.
· "Franchising Can Set the Table for Your Small Business Success" - globeandmail.com, August 2005.
· "Shareholders May be on the Hook for Dissolved Companies" - Business in Vancouver, August 2005 (co-author).
· "The Key to a Successful Franchise? Location, Location, Location" - globeandmail.com, July 2005.
· "An ounce of prevention: Keeping Accurate Corporate Records" - Business in Vancouver, July 2005 (co-author).
· "What's in a Name? The Success of Your Franchise for Starters" - globeandmail.com, June 2005.
· "Consumer Protection Law Expanded Beyond Debt Collectors" - Business in Vancouver, May 2005 (co-author).
· "Recovery, Rights Outside The Box - Special Classes of Creditors Created By Legislation and Their Rights" - Continuing Legal Education, 2005.
· "Lien Claimant's Perspective - I Can File a Lien For What?" - Continuing Legal Education, 2004.