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17 January 2017 by SotosLLP | Leave a Comment
Lawyers are often asked to prepare franchise disclosure documents (“FDDs”) for franchisors prior to a location being secured. Practically speaking, some franchisors do not want to undertake the cost and effort and possible risk of finding and securing a site unless they have a committed franchisee. Franchisors consider franchisees to be committed only once they have signed a franchise agreement or at least paid some initial franchise fee or deposit. While this is a common business scenario, the legal framework is fraught with risk as exemplified by the recent Ontario case, Raibex Canada Ltd. v. ASWR Franchising Corp., 2016 ONSC 5575 (“Raibex”).
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3 January 2017 by SotosLLP
As the franchise business model continues to flourish across Canada, managing statutory liability risks continues to be a concern for franchisors. Franchisor insurance has long been available to American franchisors. Insurers have recently turned to Canada as a good market for their franchisor insurance products.
Recognition Sotos News
14 December 2016 by SotosLLP
Law Business Research’s Who’s Who Legal – Franchising has ranked Sotos as “Canada’s foremost franchise law firm” this year.
In the News Sotos News
12 December 2016 by SotosLLP
David Sterns' op-ed in the Toronto Star explains how a few simple technological changes would help modernize Ontario’s courts and strengthen the public’s faith in our justice system.
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30 November 2016 by SotosLLP | Leave a Comment
In franchising, customer feedback serves a dual purpose, to drive business and also operates as a tool for franchisors to measure franchisee performance.
21 November 2016 by SotosLLP
Most businesses now use Facebook, Instagram, Twitter, LinkedIn and other social media platforms to promote their services or products. But when a business posts a photo on Facebook or another site, who is the copyright owner and what rights do others have to use or disseminate that photo?
17 November 2016 by SotosLLP
Sotos is the top franchise law firm in Canada according to Law Business Research’s Who’s Who Legal showing our great depth of talent with six lawyers ranked as leading in their field.
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3 November 2016 by SotosLLP | Leave a Comment
When entering into a rental arrangement with a family member or friend, it might seem unnecessary to draft a formal written agreement. It might seem that an oral agreement is good enough. However, to protect the landlord’s interest, it is important to document the tenancy and to specify the terms under which the tenant may occupy the property. Without an agreement, the landlord’s equity interest in the property could be at risk.
Automotive
31 October 2016 by SotosLLP
In this article, we will discuss a somewhat-related topic of properly planning for the succession of your dealership. This could include transferring the dealership to a family member, or the eventual sale of the dealership to an outside party such as a manager/employee of the business.
31 October 2016 by John Sotos
Automotive dealerships often have millions of dollars in internally-generated goodwill. Changes announced in the recent federal budget could mean a much higher tax bill on the sale of this goodwill after January 1, 2017.