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|Proposed Legislation to Expand Growler Sales in North Carolina|
M. Keith Kapp, Jennifer A. Morgan; Williams Mullen;
May 15, 2013, previously published on May 13, 2013Retailers in North Carolina, including grocery stores, bars, restaurants, and specialty beer and wine shops, may soon be allowed to fill and sell growlers to customers for off-premises consumption if new legislation currently being considered by the North Carolina General Assembly goes into effect.
|Ontario Court of Appeal Provides Guidance on the Definition of "Franchisor’s Associate"|
McCarthy Tetrault LLP;
May 13, 2013, previously published on May 6, 2013A recent decision of the Court of Appeal for Ontario (ONCA) helps define the concept of "control," as it relates to the definition of a "franchisor’s associate" in the Ontario Arthur Wishart Act (Franchise Disclosure), 2000 (Act).
|U.S. to Cut Automotive Tariffs as Japan Enters TPP Talks|
Christopher M. Swift; Foley & Lardner LLP;
May 7, 2013, previously published on May 6, 2013On April 24, 2013, Acting U.S. Trade Representative (“USTR”) Demetrios Marantis formally notified Congress that the United States plans to include Japan in Trans-Pacific Partnership (“TTP”) negotiations. Coming just three days after the TTP parties accepted Japan’s...
|Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice|
James T. McKeown; Foley & Lardner LLP;
May 2, 2013, previously published on April 29, 2013An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly noncontroversial contract term included by purchasers in an attempt to...
|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 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...
|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...
|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 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...