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franchise agreement

By McCarthy Tétrault LLP | 7 Minutes Read January 25, 2021

The duty of care for pure economic loss: How far does it extend? The Supreme Court delivers its judgment in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. et al.

Twelve years after the listeria outbreak at the heart of the case, the Supreme Court of Canada released a 5-4 decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. et al., 2020 SCC 35, on November 6, 2020, ruling in favour of the defendant Maple Leaf Foods Inc. This is a consequential decision on economic loss in tort that confirms that there is no general right in tort protecting against the negligent or intentional infliction of pure economic loss in Canadian law, and that the circumstances in which pure economic loss may be recovered remain limited.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / Business, commercial litigation, Duty of care, economic loss, franchise agreement, Maple Leaf, Mr. Sub, negligence

By McCarthy Tétrault LLP | 2 Minutes Read February 21, 2020

Has the law of franchise rescission changed since raibex? An Ontario court provides a partial answer

The recent decision in 2483038 Ontario Inc. v. 2082100 Ontario Inc.,[1] confirms a narrow point of franchise law, namely that an unsigned certificate in a Franchise Disclosure Document continues to constitute a “fatal flaw”, despite the Ontario Court of Appeal’s decision in Raibex Canada Ltd. v. ASWR Franchising Corp.[2] The decision also clarifies the liability of “franchisor’s associates”.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / Arthur Wishart Act (Franchise Disclosure) 2000, franchise, franchise agreement, Franchise Disclosure Statement

By Occasional Contributors | 2 Minutes Read August 1, 2019

Franchise article series: Franchising and intellectual property

This article is part of a series of articles that document some key considerations about franchising, including some of the pitfalls and the opportunities.

Article by Occasional Contributors / Business, Finance and Accounting / BC Franchises Act, franchise agreement, franchising, intellectual property, trademark registration, trademarks, Trademarks Act

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