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|The Franchisees Tried to Roll Up the Rim and Tim Horton’s Won|
H. Todd Greenbloom; Blaney McMurtry LLP;
June 8, 2012, previously published on June 4, 2012Unlike other jurisdictions, there is no general duty of good faith in Ontario contract law - no automatic blanket requirement that one party to a contract perform under the contract in a way that has regard for the legitimate interests of the other party.
|You Auto Know! - Electronic Information|
Robert A. Poklar; Weston Hurd LLP;
June 7, 2012, previously published on May 2012In May 2010, this writer authored a You Auto Know article entitled "GPS Finding Your Way Home." In that article, the scenario illustrated a situation where a customer traded in her vehicle which had a factory installed GPS device as an option. Subsequently, the dealership sold the vehicle...
|The Inadvertent Franchisor|
Thomas M. Pitegoff; Pitegoff Law Office PLLC;
May 28, 2012Overview of U.S. federal and state franchise laws and their scope.
|The A.R.T. of Franchising Advice - Reminders - Tips|
Wayne P. Bunch, Mark H. Miller; Jackson Walker L.L.P.;
May 28, 2012, previously published on May 24, 2012While Franchisors are busy expanding their systems, focused on hitting growth targets and capturing market share, they are simultaneously leaving in the wake of this growth a swath of Franchisees which will become a Franchisor's most important referral source and the face of a Franchisor's brand...
|The Aftermath of Awuah: Are Courts Encroaching on a Franchisor's Traditional Protections From a Franchisee's Employment Decisions?|
Michael J. Gray, Jeffrey J. Jones, J. Todd Kennard, E. Michael Rossman, Andrew J. Sherman; Jones Day;
May 25, 2012, previously published on May 2012There is growing concern over whether courts will deem franchisees "employees" or "joint employers," as opposed to contractors or wholly separate enterprises, as further decisions are handed down in the wake of the highly publicized Awuah case and courts grapple with today's...
|Court Specifically Enforces Franchisee’s Right of Renewal Despite Bitter Personal Dispute With Franchisor|
Katherine Booth, Jane A. Langford, Adam Ship; McCarthy Tétrault LLP;
May 24, 2012, previously published on May 23, 2012A recent decision of the Alberta Court of Queen’s Bench — 760437 Alberta Ltd. v. Fabutan Corporation (Fabutan) — provides an important reminder to franchisors: the court may well order specific performance of a franchisee’s right of renewal despite the existence of a bitter...
|Court Rules It Does Not Have Personal Jurisdiction Over Non-Resident Defendants|
Kevin M. Cox; Semmes, Bowen & Semmes A Professional Corporation;
May 22, 2012, previously published on May 2012Plaintiffs Ohio Learning Centers, LLC and Janet Tomaskovich (collectively “Plaintiffs”) filed a First Amended Complaint against Defendants Sylvan Learning, Inc. (“SLI”), Sylvan Learning Centers, LLC (“SLC”), Educate, Inc., Education Solutions, LLC, and Randy...
|Manitoba’s Franchises Act: Are You Ready?|
Rebecca Hamovitch, Frank Robinson; Cassels Brock & Blackwell LLP;
May 22, 2012, previously published on May 17, 2012Manitoba has proclaimed that its Franchises Act will come into force on October 1, 2012. While this date is still some months away, many franchisors have already begun the process of making their franchise documentation compliant with Manitoba’s requirements.
|Practical Considerations for Dealing with Financially Troubled Canadian Franchisees|
Deborah S. Grieve; Cassels Brock & Blackwell LLP;
May 22, 2012, previously published on May 17, 2012At some point or another, most franchisors operating in Canada will have to deal with a franchisee in financial difficulty. This article sets out a non-exhaustive checklist of questions and considerations that will assist the franchisor in formulating the appropriate strategy to address this...
|Repositioning Your Business for Change: The Pre-Sale Process|
Peter Bouzalas, Y. Ken Chun; Cassels Brock & Blackwell LLP;
May 22, 2012, previously published on May 17, 2012When a business owner profitably sells his business, you often hear people speak about this being a lucky break, or about how that person was in the right place at the right time to take advantage of an opportunity. However, successful sales are most frequently the result of careful preparation to...