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franchise

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 | 3 Minutes Read May 16, 2019

Franchise article series: What is a franchise?

In order to determine whether the Franchises Act applies to a particular business model, one must first review the definition of a “franchise” in the Act as well as in relevant court decisions.

Article by Occasional Contributors / Business, Finance and Accounting / franchise, franchise agreement, franchisee, franchisor

By McCarthy Tétrault LLP | 2 Minutes Read November 30, 2018

Ontario court declines to order franchisees to pay royalties

In a recent Ontario case, the Justice was faced with a claim by a franchisor against seven of its 11 franchisees who had ceased paying royalties and marketing fund contributions to their franchisor.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / franchise, injunctions, litigation, royalties

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