The myth of the ‘personal services contract’ in automotive dealer relations

David Sterns

Published April 5, 2013
Posted in: Blog, David Sterns

For years, many automotive manufacturers sought to avoid franchise legislation in Canada by claiming that their dealership agreements were not franchises but rather ‘personal service contracts.’ The term ‘personal service contract’ refers to the fact that for each dealership there is a dealer principal who is personally responsible for the day-to-day operation and management of the dealership. This meant, according to the dogma in the automotive world, that franchise laws did not apply to the relationship between manufacturer and dealer.

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Seven Sotos LLP lawyers named to Franchise Times’ 2013 list of Legal Eagles

Sotos LLP

Published April 3, 2013
Posted in: Allan Dick, Arthur Trebilcock, David Sterns, Jean-Marc Leclerc, John Sotos, John Yiokaris, News, Peter Viitre

One more reason we’re Canada’s leading franchise law firm: Franchise Times magazine has named seven of Sotos LLP’s lawyers to its esteemed list of Legal Eagles in 2013. The annual Franchise Times Legal Eagles list recognizes the best attorneys in franchising, as nominated by their clients and peers and selected after additional research by the Franchise Times editorial board.

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David Sterns interviewed at Supreme Court of Canada

Sotos LLP

Published April 1, 2013
Posted in: David Sterns, Jennifer Pocock, News

David Sterns speaks to the Canadian Bar Association’s National Magazine following an appeal that will decide when courts can render judgment in a case by summary judgment and without a full trial.

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Sotos LLP lawyers David Sterns and Jennifer Pocock assist in Supreme Court of Canada intervention

Sotos LLP

Published March 14, 2013
Posted in: David Sterns, Jennifer Pocock, News

David and Jennifer are part of the Canadian Bar Association’s counsel team which will be intervening in the Supreme Court of Canada later this month. The case before the court will decide when courts may decide a complex case by way of summary judgment and when such cases should only be decided at a full trial.

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David Sterns at CBA Competition conference

Sotos LLP

Published August 20, 2012
Posted in: David Sterns, News

David Sterns will be representing the plaintiffs in a mock argument on the indirect purchaser cases to be heard by the Supreme Court of Canada this fall at the Canadian Bar Association’s National Competition Section conference to be held in Ottawa on September 20 and 21.

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2012 Canadian Legal Lexpert Directory lists Allan Dick, John Sotos, David Sterns and Arthur Trebilcock

Sotos LLP

Published June 7, 2012
Posted in: Allan Dick, Arthur Trebilcock, David Sterns, John Sotos, News

The 2012 Canadian Legal Lexpert Directory has been published and Sotos LLP partners Allan Dick, John Sotos, David Sterns and Arthur Trebilcock were selected to be listed in the directory as leading practitioners.

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David Sterns awarded Markus Cohen, Q.C. Memorial Award for Excellence in Franchise Law

Sotos LLP

Published December 13, 2011
Posted in: David Sterns, News

Sotos LLP partner David Sterns has been awarded the Ontario Bar Association’s 2011 Markus Cohen, Q.C. Memorial Award for Excellence in Franchise Law with Jennifer Dolman of Osler, Hoskin & Harcourt LLP for their paper entitled, “Unique Circumstances in Litigating Franchise Class Actions”.

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David Sterns in Financial Post on Inco case

Sotos LLP

Published October 11, 2011
Posted in: David Sterns

The Financial Post has quoted Sotos LLP lawyer David Sterns in an article about the recent Ontario Court of Appeal case Smith v. Inco Limited. The case concerned a mass tort class action claim stemming from alleged environmental abuses. Though successful at trial, the decision was completely overturned on appeal. The article quotes: Mr. Sterns, [...]

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David Sterns in Lawyers Weekly: The judicial mediation debate

Sotos LLP

Published August 29, 2011
Posted in: David Sterns, News

Ask any group of lawyers, judges or private mediators whether judges should be directly involved in mediating civil disputes and you will ignite fierce debate.

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Chronicle Herald: N.S. franchises risky business, says legal expert

Sotos LLP

Published March 10, 2011
Posted in: David Sterns

The Halifax Chronicle Herald has published an interview with Sotos partner David Sterns. The article examines at the legal situation for franchises in Nova Scotia, particularly the lack of franchise legislation in the province.

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