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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.

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.

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.

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

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.