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|Summary Judgment: The New Tool in Franchise Litigation?|
Carly Cohen, Geoffrey B. Shaw; Cassels Brock & Blackwell LLP;
May 12, 2014, previously published on May 2, 2014On the coattails of the recent Supreme Court of Canada decision in Hryniak permitting the broader use of summary judgment motions, the franchisor of Caffé Demetre restaurants has won its motion for summary judgment against a former franchisee.
|Claim against Former Franchisee for Soliciting Customer Lists “Turfed” by BC Court|
Christopher Horkins; Cassels Brock & Blackwell LLP;
May 12, 2014, previously published on May 2, 2014In 0867007 BC Ltd v. Destinations International, the Provincial Court of British Columbia dismissed the claims of a franchised business purchaser seeking to rely on purported non-competition and non-solicitation provisions in its claim against the former franchisee that sold the business. Although...
|Failure Is Not An Option|
Tillman Y. Coffey; Fisher & Phillips LLP;
May 8, 2014, previously published on May 5, 2014When it comes to a dealership’s legal liability for employment-related problems, the basis of the liability generally falls into two categories - actions the dealership took and those it failed to take. When it comes to big dollar jury awards and settlements, a dealership’s failure to...
|Is Your Dealership Taking Advantage Of Employment Arbitration?|
Matthew R. Simpson; Fisher & Phillips LLP;
May 8, 2014, previously published on May 5, 2014Many dealerships try to reduce the risk of high-dollar litigation and runaway jury awards by invoking mandatory arbitration for their applicants and employees. Employees who think that they were paid or treated unfairly are then required to bring the matter to an arbitrator rather than file a...
|Global Franchise News: Preventing Competition by Former Franchisees|
Dentons Canada LLP;
May 8, 2014, previously published on April 30, 2014Most franchise agreements prevent the franchisee from competing with the franchisor for a certain period of time after termination. In Europe this is typically one year. In addition the franchisee can be prevented from using the trade mark of the franchisor for as long as the trade mark remains the...
|Friendly Reminder for LLCs and LPs: Delaware Is Looking for Your Dollars|
Foley Lardner LLP;
April 30, 2014, previously published on April 25, 2014It’s that time again: time to pull out your checkbooks and send Delaware your dollars. As I previously wrote, while corporations had an annual franchise tax payment due in March, it’s time for LLCs and LPs to pony up. It’s the cost of housing your business in Delaware, but...
|Ontario Court Finds that Material Omission in Franchise Disclosure Document Provides Only 60-Day Rescission Right|
Sarit E. Batner, Helen Fotinos, Brooke MacKenzie, Adam Ship; McCarthy Tétrault LLP;
April 25, 2014, previously published on April 23, 2014In a significant recent decision, the Ontario Superior Court of Justice granted partial summary judgment in Caffé Demetre v. 2249027 Ontario Inc. the first franchise rescission claim to be decided since the new summary judgment test was set down by the Supreme Court of Canada in Hryniak v....
|Sioux City Approves Franchise Fee Settlement|
Sutherland Asbill Brennan LLP;
April 24, 2014, previously published on April 22, 2014As cities across Iowa face lawsuits over allegedly excessive franchise fees, Sioux City, Iowa, has agreed to settle and absorb the cost of nearly $6.5 million in refunds to be paid to residents who were overcharged for franchise fees on their utility bills.
|B.C. Even Closer to Enacting Franchise Legislation|
Jordanna Cytrynbaum, Miriam Isman, Adam Ship; McCarthy Tétrault LLP;
April 23, 2014, previously published on April 3, 2014British Columbia has no special franchise legislation - franchise relationships are governed by the terms of franchise agreements and the common law of contracts. However, a new report reveals that interested parties are largely in favour of changing this regime through the introduction of...
|New York Tax Reform Made Easy: Business Income Base and Tax Rate|
Sutherland Asbill Brennan LLP;
April 17, 2014, previously published on April 15, 2014The New York State Governor and Legislature recently enacted the 2014-2015 New York State Budget, Senate Bill 6359-D and Assembly Bill 8559-D (Budget), which results in the most significant overhaul of New York’s franchise tax on corporations in decades. In this edition of New York Tax Reform...