Franchise Law
Overview
Sotos LLP has been Canada’s leading firm in franchise law for more than 30 years. Whether you’re a franchisor, franchisee, or franchise association, our lawyers protect your business rights while promoting positive franchise relationships; in times of stress, and in times of success.
In a world where legal relationships are governed by contracts, franchisors want to protect their franchise investment and intellectual property, while doing all they can to promote positive franchise relations essential to their business success; without the costly negotiations that go along with every franchise sale. Whether you are starting a franchise business or are an experienced franchisor, our franchise lawyers are well-versed in every aspect of business and franchise law.
If you are a franchisee, or are thinking about becoming a franchisee, our franchise lawyers will effectively analyze business opportunities and help you make well-informed business decisions in order to avoid many of the common pitfalls associated with franchising. Our team will help you with reviewing and assessing the franchise disclosure document, dispute mediation and resolution, franchise agreements (negotiation, renewal, long-term implications), and much more.
Sotos LLP has helped structure and represent more franchisee associations than any other law firm in Canada. These specialized consulting projects have helped many associations play a key role in leading franchise cases and franchise fairness legislation.
At Sotos LLP, we view litigation as a last resort since our focus is on finding solutions that make good business sense. Through early dispute resolution, including mediation, we have a proven track-record of restoring that balance of power fairly, and effectively. But when all else fails, we litigate aggressively and we litigate to win by drawing on our cumulative resources and experience to pursue cases through trial and appeal.
When it comes to franchise law, we’re in the know.
Industry Leaders
John Sotos
Listed in the LEXPERT Directory, The Best Lawyers in Canada, International Who’s Who and Franchising World and more as one of the preeminent franchise lawyers in Canada.
Arthur Trebilcock
Listed as one of the leading franchise practitioners in The Best Lawyers in Canada, Who’s Who, and in the LEXPERT Directory every year since its inception.
Allan D.J. Dick
Listed in The Best Lawyers in Canada, Who’s Who, and the Canadian Legal LEXPERT Directory as a leading franchise litigation practitioner every year since its inception.
Peter Viitre
Listed in Who’s Who Legal: Canada 2011 and Best Lawyers 2012 as a leading Canadian franchise law practitioner.
Jean-Marc Leclerc
Eminent class-action litigator with broad experience defending franchise class actions.
Recent Blog Posts
Restrictive competition covenants – Part 1
Arthur Trebilcock
Published February 14, 2012
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
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
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
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.