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|Supreme Court to Consider General Jurisdiction Over Foreign Parent Based on U.S. Subsidiary|
Jason P. Britt; Foley & Lardner LLP;
April 29, 2013, previously published on April 25, 2013On Monday, April 22, the United States Supreme Court agreed to hear DaimlerChrysler AG v. Bauman, which asks whether a foreign parent corporation can be subject to suit in the United States for wrongs allegedly committed by a foreign subsidiary, based on the foreign parent’s relationship with...
|Will British Columbia Enact Franchise Legislation? Make Your Voice Heard Now!|
Rebecca Hamovitch, Frank Robinson, Derek Ronde, Geoffrey B. Shaw, Larry M. Weinberg; Cassels Brock & Blackwell LLP;
April 26, 2013, previously published on April 23, 2013The British Columbia Law Institute (“BCLI”) has issued a Consultation Paper on a Franchise Act for British Columbia (the “Consultation Paper”) for the purpose of making a recommendation to the Government of the Province of British Columbia to enact franchise legislation in...
|Ontario Court Strikes Several Franchisee Claims in Shoppers Drug Mart Class Proceeding|
Colin Pendrith; Cassels Brock & Blackwell LLP;
April 5, 2013, previously published on April 4, 2013In a recent decision of the Ontario Superior Court of Justice, Spina v. Shoppers Drug Mart Inc. 2012 ONSC 5563 (“Spina”), the Honourable Mr. Justice Perell heard a motion for certification of a franchise class action as well as a cross-motion by the defendant under Rule 21 to strike...
|Ontario Court of Appeal upholds Tim Horton’s Summary Judgment Decision|
Christopher Horkins; Cassels Brock & Blackwell LLP;
April 5, 2013, previously published on April 4, 2013Our group recently wrote about the Ontario Court of Appeal decision upholding an important summary judgment win for franchisor Tim Horton’s in Fairview Donut Inc. v. The TDL Group Corp.
|Ontario Court Denies Franchisee Injunction, Confirms That Duty of Good Faith Does Not Create New, Non-Contractual Rights|
Derek Ronde; Cassels Brock & Blackwell LLP;
April 5, 2013, previously published on April 4, 2013The recent Ontario decision of Robert Moore Pharmacy Ltd. v. Shoppers Drug Mart Inc. provides reassurance to franchisors that Ontario courts will respect the contractual language between franchise parties in determining whether a franchisee is entitled to injunctive relief in respect of the...
|Ontario Court of Appeal Upholds Lower Court Decision on Franchisee Right of First Refusal|
Stefanie Holland; Cassels Brock & Blackwell LLP;
April 5, 2013, previously published on April 4, 2013In 3574423 Canada Inc. v. Baton Rouge Restaurants Inc., the Ontario Court of Appeal recently upheld the judgment of Justice David M. Brown of the Superior Court of Justice dismissing the action of a franchisee who was seeking damages for the alleged failure of a franchisor to properly and fully...
|It’s That Time of Year: Does Your Canadian Franchise Disclosure Document Need Updating?|
Rebecca Hamovitch, Frank Robinson, Larry M. Weinberg; Cassels Brock & Blackwell LLP;
April 5, 2013, previously published on April 4, 2013Franchisors should regularly consider whether their Canadian franchise disclosure document (“FDD”), or other franchise related documents, require updating. This is particularly true following a year that marked the further expansion of franchise disclosure legislation in Canada, with...
|Japan’s Entry into Free Trade Talks Presents Challenges for the Automotive Sector|
Christopher M. Swift; Foley & Lardner LLP;
April 1, 2013, previously published on March 28, 2013Japanese Prime Minister Shinzo Abe’s announcement that Japan will join talks on the Trans-Pacific Pacific Partnership (“TPP”) presents potential challenges for the U.S. automotive sector. Together with Canada and Mexico’s entry in October 2012, the decision could transform...
|It's Renewal Time!|
Alan M. Burger, Meredith R. Fergus; McDonald Hopkins LLC;
March 28, 2013, previously published on March 22, 2013Many states require a review of a franchisor’s franchise offering materials prior to offering the sale of a franchise opportunity within the state. These prohibitions apply in the following states: California, Hawaii, Illinois, Indiana, Maryland, Minnesota, New York, North Dakota, Rhode...
|Zip Code Requests Off-Limits in Massachusetts Credit Card Transactions|
Martin J. Bishop, Martin J. Bishop, Thomas I. Elkind, Thomas I. Elkind, Michael C. Lueder, Michael C. Lueder; Foley & Lardner LLP;
March 22, 2013, previously published on March 21, 2013In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card transaction violates a Massachusetts statute [G.L.c. 93,...