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5 March 2011 by SotosLLP | Leave a Comment
Franchise systems, by their very nature, are evolutionary and subject to change. Change can include a whole variety of modifications; from changes to the colour scheme of your “house” signage and trade-mark to the implementation of major system changes. This article considers the legal implications of making changes.
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In our experience, franchisors are quite familiar with the definition of “material fact” - but are less familiar with the franchisor’s obligation to disclose a “material change” once they have given out their disclosure document.
A right of renewal of a franchise agreement can very rarely be inferred from the surrounding circumstances of the franchise relationship and the statutory duty of fair dealing. With respect to express rights of renewal, the Ontario Court of Appeal recently affirmed the lower court’s decision in Salah v. Timothy’s Coffees of the World Inc. This decision serves as a caution to franchisors.
In the News Sotos News
19 January 2011 by SotosLLP
The Globe and Mail has published an article profiling Robert Rodger, the representative plaintiff in the recently certified and ongoing class action against Pet Valu.
15 November 2010 by SotosLLP
John Sotos was recently quoted in a National Post article on franchising. The article discusses some of the challenges — and opportunites — encountered by would-be franchisors.
11 November 2010 by SotosLLP | Leave a Comment
With the recent certification of another franchise class proceeding, and several additional actions currently at the certification hearing stage, more and more franchisees are seeking to avail themselves of the ability to band together as a class to resolve disputes against their franchisors.
11 November 2010 by SotosLLP
The Financial Post recently featured Sotos LLP and interviewed David Sterns in an article about two class action law suits that name law firms as defendants.
10 November 2010 by SotosLLP
Sotos LLP lawyer Allan Dick was recently quoted in an article published in both Lexpert and the Globe and Mail discussing Bill 102, a proposed amendment to the Arthur Wishart Act (Franchise Disclosure).
25 September 2010 by SotosLLP | Leave a Comment
Manitoba is set to be the next province with franchise regulation as Bill 15, The Franchises Act, was recently introduced in the Manitoba legislature.
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On June 10, 2010, the New Brunswick legislature introduced the province’s new disclosure document regulations.
