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Log In / Register | Sep 24, 2016

Ontario Menu Label Law Passes

Posted Wed, 2015-05-27 14:28 by Don Sniegowski
McDonald's USA breakfast menu
McDonald's USA menu with calories.

TORONTO – Ontario's provincial parliament on Tuesday passed a law for eateries, convenience stores and movie theaters to label the amount of food and drink calories in menus and signs. Business chains with 20 or more retail outlets will need to comply with the Canadian province's Healthy Menu Choices Act beginning January 1, 2017.

The Costs of Not Agreeing to a New Franchise Arbitrator

Posted Wed, 2014-01-29 06:08 by Jennifer Dolman

In my post of Oct. 10, 2013, When is it time to find a new arbitrator for your franchise dispute?, I wrote about the recent case, MDG Computers Canada Inc. et al. v MDG Kingston Inc. et al., in which the Ontario Superior Court of Justice removed Steve H. Goldman as the arbitrator in a franchise rescission dispute.

Springdale Pizza Franchise Rescission Dispute May Not Be Done

Posted Wed, 2013-11-20 08:41 by Jennifer Dolman

My March 3 post, “Even a profitable franchisee can rescind”, was about the Springdale Pizza franchise rescission dispute. It has been before the Ontario courts since 2009. A CanLII.org search reveals nine different decisions, which makes for protracted and expensive litigation.

When Is It Time to Find a New Arbitrator for Your Franchise Dispute?

Posted Fri, 2013-10-11 03:21 by Jennifer Dolman

Courts will remove an arbitrator in an arbitration where there is a reasonable apprehension of bias on the arbitrator’s part, including when the arbitrator has recently retained the same expert put forward by one of the parties to the arbitration.

Husband Was Equally Bound by Franchisor's Non-Compete Clause

Posted Wed, 2013-09-25 11:09 by Jennifer Dolman

As a franchisor litigator representing franchisors, I am often asked to bring an injunction to stop a terminated franchisee from breaching a non-competition covenant.

Are Franchisors Liable for Franchisees' Wrongs?

Posted Wed, 2013-08-21 16:19 by Jennifer Dolman

Often, the public does not distinguish between franchisor and franchisee when something goes wrong at a franchise. And that could leave franchisors facing a lawsuit for alleged wrongful acts by a franchisee or employee of a franchisee, including negligence, discrimination or assault.

Do Contingency Fee Arrangements Undermine Franchise Dispute Settlements?

Posted Wed, 2013-07-10 11:09 by Jennifer Dolman

Last week I wrote about the process of mediating franchise disputes.

A Lesson in Every Franchise Rescission Case

Posted Fri, 2013-05-31 13:37 by Jennifer Dolman

Rescission damages can be significant, particularly when the franchisee involved incurred losses in acquiring, setting up and operating the franchise.

To What Extent Can Franchisees Associate?

Posted Tue, 2013-02-26 08:58 by Jennifer Dolman

In previous posts I have mentioned that Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”), is mostly about the disclosure a franchisor must make to a prospective franchisee before any franchise agreement is entered into or money paid.

Do Franchisors in Canada Have Post-Sale Duty to Disclose to Franchisees?

Posted Wed, 2013-02-06 09:04 by Jennifer Dolman

Last week I attended the Canadian Franchise Association’s Law Day in Toronto where there was record attendance. Disclosure continues to be a huge topic in Canadian franchise law. It’s clear that per-contractual disclosure is required under Canadian franchise statutes but what many in franchising are not yet certain about is whether there is any duty to disclose once the franchise agreement has been signed.