In the Know

In the Know is a quarterly publication written by our lawyers on current franchising news and recent legal developments.

View pdfs: Fall 2011, Winter 2011, Summer 2010, Fall 2009, Spring 2009, Winter 2009, Fall 2008

Recent Blog Posts

Restrictive competition covenants – Part 1

Arthur Trebilcock

Published February 14, 2012
Posted in: Blog

Non-solicit, non-compete and other types of restrictive competition covenants are among the most difficult of franchise controls to properly structure. In this three part blog series, Arthur Trebilcock reviews some practical guidelines for drafting restrictive competition covenants in the Canadian franchise context.

Learn More

Ontario Court provides helpful guidance on franchise financial forecasts

Jean-Marc Leclerc

Published January 31, 2012
Posted in: Blog

On January 3, 2012, in Healy v. Canadian Tire Corporation, the Ontario Superior Court of Justice provided guidance on the care that a franchisor should take when preparing and providing financial forecasts to franchisees.

Learn More

Recent Trends in Franchise Relationship Laws

John Sotos

Published January 17, 2012
Posted in: Blog

In this full-length article originally prepared as a paper given at the Annual Conference of the International Bar Association in Dubai, October 2011, John Sotos provides an overview of franchise relationship laws around the world and the aspects of the franchise relationship these laws typically address.

Learn More

Copyright and trade-mark rights do not transfer with assets

Stuart Freen

Published January 11, 2012
Posted in: Blog

When you purchase the assets of a business, including materials subject to copyright and trade-mark rights, do you acquire an implied right to use those protected assets? In the recent decision of 1429539 Ontario Limited v. Café Mirage Inc., 2011 FC 1290, the Federal Court Trial Division answered this question in the negative.

Learn More

Is your wealth in private company investments? Consider multiple wills

Lou Alexopoulos

Published January 10, 2012
Posted in: Blog

The key reason to invest in a properly-drafted will is the assurance that your intended beneficiaries will be provided for to the best of your means upon your death. Implicit in this expectation is the desire for the bulk of your Estate to pass to your beneficiaries with minimal taxation. If you hold wealth in the form of private company shares, the estate planning strategy of multiple wills can potentially save your Estate a considerable sum in estate administration tax.

Learn More

Krawchuk v. Scherbak et al – Implications for Real Estate Agents and Vendors

Yianni Alexopoulos

Published November 21, 2011
Posted in: Blog

The Ontario Court of Appeal released a decision in Krawchuk v. Scherbak et al. that has significant implications for real estate agents and their vendor clients with respect to statements made to potential buyers and in preparing a Seller Property Information Sheet (SPIS).

Learn More

Manitoba releases draft Franchises Act regulation

Sotos LLP

Published November 8, 2011
Posted in: Blog

The Manitoba legislature recently released a draft regulation (the Regulation) to the Franchises Act, S.M. 2010, c. 13 (the Act). The Regulation fulfils the key role of defining what exactly franchisors must include in their disclosure documents to Manitoba franchisees.

Learn More

Loyalty Programs Must Comply with the Franchise Agreement

Shane Murphy

Published November 7, 2011
Posted in: Blog

Customer loyalty programs have become ubiquitous across franchise systems for obvious reasons: they provide a valuable incentive for customers to consistently patronize one brand. To capitalize on these benefits, franchisors are keen to implement loyalty programs, but they do so with varying levels of input from franchise operators.

Learn More

McNamee v. McNamee – Implications for “Gifts” in Estate Freeze Situations

Lou Alexopoulos

Published November 3, 2011
Posted in: Blog

A common way for parents to protect their children’s inheritance from the children’s spouses in cases of marriage breakdown is to rely on a specific provision in the Family Law Act in Ontario which subtracts the value of any gift received from a parent of the child from the calculation of the child’s net family property.

Learn More

The Exception to the Exception: Directors’ Liability and What You Need to Know

Christine Jackson

Published November 3, 2011
Posted in: Blog

Taxes. Nobody likes them, but we all have to pay them, and for some directors a recent decision out of the Tax Court of Canada in Snively v. The Queen may mean continued liability even after resignation. This decision serves as a caution for directors of corporations that continue to manage the affairs of a corporation after resignation.

Learn More

Older articles »