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HTMLFast food and franchise
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
May 7, 2015, previously published on May,06,2015
A well-known fast food chain has terminated the contract with one of its franchisees in Germany, but the latter is fighting back. There are several pitfalls that one needs to be mindful of regarding franchise agreements.

 

HTMLWhat Happens When a Franchise Agreement Ends, Part Two: Cancellation
Richard Stobbe; Field Law;
Legal Alert/Article
April 27, 2015, previously published on March 12, 2015
In some cases, a franchise relationship ends after many years of business. At the point of termination, the parties must wrestle with a number of issues, including customers, inventory, and (as we reviewed in Part 1) the impact of any post-termination restrictive covenants.

 

HTMLNew Ukrainian Franchise Regulations Adopted
Babette Märzheuser-Wood; Dentons Canada LLP;
Legal Alert/Article
April 22, 2015, previously published on February 4, 2015
The Ministry of Justice of Ukraine, through its Order No. 1601/5 recently adopted a new “Procedure for the State Registration of Commercial Concession (and Sub-Concession) Agreements” (the “Franchise Registration Procedure”). Commercial Concession is the Ukrainian legaleze...

 

HTMLQuébec Court of Appeal Recognizes Implied Obligations in Franchise Agreement: What Does This Really Mean?
Helen Fotinos, Sam Khajeei, Anne-Marie Naud, Adam Ship, Chantal C. Tremblay; McCarthy Tétrault LLP;
Legal Alert/Article
April 22, 2015, previously published on April 17, 2015
On April 15, 2015, the Québec Court of Appeal released its long-awaited decision in Dunkin' Brands Canada Ltd. c. Bertico inc., 2015 QCCA 624. The Court applied its earlier decision in Provigo[1] in conjunction with the “theory of implied obligations” and the “duty of good...

 

HTMLInternational Franchising in the Fashion Industry - Top Five Tips for Growing Overseas
Robyn Chatwood, Babette Märzheuser-Wood; Dentons Canada LLP;
Legal Alert/Article
April 22, 2015, previously published on January 13, 2015
In the evolution of any fashion brand, growing the business through online and retail stores is a key strategic issue. Following initial launch and consolidation, it is inevitable that, in each fashion brand's life cycle, it will consider international expansion. Then, how to grow will be as...

 

HTMLFranchise POST: A Franchise Chain's Non-compete Agreement Comes Under Congressional Scrutiny
Matthew S. DeAntonio; Nexsen Pruet, LLC;
Legal Alert/Article
April 14, 2015, previously published on January 6, 2015
Tremors were felt throughout the franchise community when a recent article in The Huffington Post reported that the Jimmy Johns sandwich franchise is under Congressional scrutiny for its franchisees’ practice of requiring lower level employees to sign non-competition agreements. The...

 

HTMLOntario Court Stays Franchisees’ Class Action in Favour of Arbitration Clause in Franchise Agreement
Meghan S. Bridges, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
April 7, 2015, previously published on January 30, 2015
In 1146845 Ontario Ltd. v. Pillar to Post Inc., 2014 ONSC 7400, the Ontario Superior Court of Justice stayed a class action brought by plaintiff franchisees against the franchisor in favour of an arbitration clause in the franchise licensing agreement.

 

HTMLFranchise Agreement Transfer Provisions
Samantha Ahuja, Nelson F. Migdal; Greenberg Traurig, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 16, 2015
The number of hotels, particularly limited service hotels, operating under franchise agreements has exploded in recent years, and this trend is expected to continue in the near term. Franchise agreements, including those in the hospitality industry, are personal contracts for the benefit of the...

 

HTMLOntario Court of Appeal Again Narrowly Interprets the Resale Exemption in Ontario’s Franchise Legislation
Brooke MacKenzie, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
March 25, 2015, previously published on March 23, 2015
In its recent decision in 2147191 Ontario Inc. v. Springdale Pizza Depot Ltd., 2015 ONCA 116, the Ontario Court of Appeal upheld a finding on summary judgment that a franchisor could not rely on the “resale exemption” from the disclosure requirements found in Ontario’s franchise...

 

HTMLOntario Superior Court Refunds Franchise Fee on the Basis of Frustration of Contract
Brooke MacKenzie, Adam Ship, Thomas N.T. Sutton; McCarthy Tétrault LLP;
Legal Alert/Article
January 8, 2015, previously published on October 15, 2014
The 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...

 


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