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|Ontario Superior Court Refunds Franchise Fee on the Basis of Frustration of Contract|
Brooke MacKenzie, Adam Ship, Thomas N.T. Sutton; McCarthy Tétrault LLP;
January 8, 2015, previously published on October 15, 2014The Ontario Superior Court recently affirmed a Small Claims Court decision returning a franchise fee to a franchisee where the franchise location contemplated was no longer available - in spite of a clause in the franchise agreement stating that the franchise fee “is under no circumstances...
|Ontario Court Rejects Franchise Class Action Settlement Agreement for Overbroad Release|
Adam Ship, Chantal C. Tremblay, Jill Yates; McCarthy Tétrault LLP;
January 8, 2015, previously published on November 25, 2014In 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corporation, the Ontario Superior Court of Justice recently dismissed a motion to approve a Settlement Agreement between the Franchisor and the Representative Franchisees on the basis of an overbroad unfair release.
|You're Gonna Have to Do More Than That: Passive Investment in California Limited Liability Company Insufficient to Meet Statutory Nexus Threshold|
Timothy A. Gustafson, Evan Hamme; Sutherland Asbill & Brennan LLP;
December 12, 2014, previously published on November 26, 2014A California Superior Court held that passive membership in a limited liability company (LLC) is insufficient to meet California’s statutory “doing business” standard. In Swart Enterprises, Inc. v. California Franchise Tax Board, an Iowa corporation with no business activities or...
|Get ready, Vietnam’s Restaurants Open To 100% Foreign Ownership!|
Manfred Otto; Duane Morris Vietnam LLC;
November 17, 2014, previously published on October 24, 2014Now is the time for international chains to position themselves. Beginning in January 2015, Vietnam’s restaurant business is open to 100 percent foreign ownership. Foreign-invested enterprises (“FIE”) may run their own production and internal logistics network free from...
|Hidden Trap in Confidentiality Provisions in Settlement Agreements Entered into by Franchisors|
Nicole J. Harrell, Stephen E. Story; Kaufman & Canoles A Professional Corporation;
November 13, 2014, previously published on January 2, 2014Franchisors entering into settlement agreements must be certain that the settlement agreements give the franchisor the right to make any disclosures required by the Franchise Disclosure Document (“FDD”), without breaching any confidentiality provisions in the settlement agreement.
|Governor Vetoes Proposed Changes to California Franchise Law|
Michael A. Bowen, Roberta F. Howell; Foley & Lardner LLP;
October 28, 2014, previously published on October 3, 2014To the surprise of many, California Governor Jerry Brown has vetoed the proposed changes to California’s franchise laws that were discussed in our Client Alert on August 28, 2014. In his veto message, Governor Brown criticized the bill’s substitution of “substantial and material...
|Ontario’s Franchise Legislation Declared Inapplicable to a Single Trademark License|
Stefanie Holland; Cassels Brock & Blackwell LLP;
October 14, 2014, previously published on October 8, 2014The Superior Court of Justice has recently become the first court in Ontario to address the question of whether the Arthur Wishart Act (Franchise Disclosure) (the “Wishart Act”) applies to the license of a single trademark.
|Surprise! You Might be an Employer of Your Franchisee’s Employees|
Anne-Marie Naccarato; Cassels Brock & Blackwell LLP;
October 14, 2014, previously published on October 8, 2014On July 29, 2014, the National Labor Relations Board in the United States authorized 43 complaints of alleged violations of the National Labor Relations Act to proceed against McDonalds, USA, LLC (“McDonald’s”). The alleged violations occurred at McDonald’s franchised...
|Deli Franchisor’s Disclosure Misses the Mark: Lessons From DeliMark Café|
Christopher Horkins; Cassels Brock & Blackwell LLP;
October 14, 2014, previously published on October 8, 2014In the recent case of 2237310 Ontario Inc. v. 2264145 Ontario Inc. the Ontario Superior Court of Justice granted a declaration of rescission on summary judgment to a franchisee as a result of numerous disclosure failures. The case provides a helpful reminder of the need to ensure compliance with...
|“Frustrating” Decision Highlights Alternate Approach to Rescission Claims|
Carly Cohen; Cassels Brock & Blackwell LLP;
October 14, 2014, previously published on October 8, 2014In the recent appeal of Dhillon v PM Management Systems Inc., an Ontario Superior Court judge upheld the decision of a Deputy Judge of the Small Claims Court, granting a franchisee’s claim for the return of an initial, non-refundable franchise fee.