The Franchise Owner's most trusted news source


Log In / Register | Apr 19, 2014

The Costs of Not Agreeing to a New Franchise Arbitrator

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

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?

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

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?

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?

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

A Lesson in Every Franchise Rescission Case

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?

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?

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.

Common Franchise Disputes Lend Themselves to Class Action Lawsuits

In recent years, Ontario courts have seen a number of certifications of franchise class actions.