Automotive Blog Cannabis Grocery Health Home Services Hotel Personal Services Professional Services Restaurant Retail
12 May 2015 by SotosLLP | Leave a Comment
Given the prevalence of wrongful termination cases in the franchise context, it may seem strange for a court to find that a franchisor would not only be justified in terminating certain franchisees but in some cases obligated to terminate those franchisees. However, in the recent case of Dunkin’ Brands Canada Ltd. v. Bertico Inc.1 , the Quebec Court of Appeal found that Dunkin’ failed to take reasonable steps to protect and enhance the brand which failure was illustrated, in part, by its tolerance of underperforming franchisees in the system.
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Automotive Blog Cannabis Grocery Health Home Services Hotel Jean-Marc Leclerc Personal Services Professional Services Restaurant Retail
7 May 2015 by SotosLLP | Leave a Comment
The Court of Appeal concluded the franchisor was required to support, promote and protect the brand, and held Dunkin’ Donuts liable for almost 11 million dollars to its franchisees for many years of neglecting its franchise system in Quebec.
Automotive Blog Cannabis Grocery Health Home Services Hotel John Sotos Personal Services Professional Services Restaurant Retail
5 May 2015 by SotosLLP
Private equity firms are now investing in franchise systems and others are aggressively pursuing franchise systems as never before. Even the venerable Warren Buffet’s Berkshire Hathaway has major investments of both a franchisor and franchisee in car dealerships, and Dairy Queen among others.
Automotive Blog Cannabis Grocery Health Home Services Hotel Personal Services Professional Services Restaurant Retail Yianni Alexopoulos
24 April 2015 by SotosLLP | Leave a Comment
Companies which conduct business in the province of Alberta should take note of a change to Alberta rules pertaining to guarantees. Franchisors, for example, often obtain personal guarantees from the shareholders and directors of corporate franchisees and should pay careful attention to the changes when dealing with a franchise in Alberta.
15 April 2015 by SotosLLP | Leave a Comment
The Ontario Court of Appeal recently dismissed a franchisee’s claim for rescission damages. The franchisee claimed damages for rescission, arguing it had a valid right to rescind and to claim damages because it had not been provided with details about prospective litigation involving the franchisor.
Allan Dick Automotive Blog Cannabis Grocery Health Home Services Hotel Personal Services Professional Services Restaurant Retail
14 April 2015 by SotosLLP | Leave a Comment
The Ontario Court of Appeal1 upheld a previous ruling of the Superior Court of Justice to once again make it clear that a term in a franchise agreement which requires a franchisee to release its claims against the franchisor under the Arthur Wishart Act (Franchise Disclosure), 2000, will not be enforced as it violates section 11 of that Act. The resulting release is void.
Recognition Sotos News
9 April 2015 by SotosLLP
Franchise Times magazine has named eight Sotos LLP’s lawyers to its esteemed list of Legal Eagles in 2015.
Sotos News Updates
30 March 2015 by SotosLLP
Sotos LLP is pleased to announce that Adrienne Boudreau has joined our litigation group.
12 March 2015 by SotosLLP
Peter Viitre authors Canadian chapter in the International Franchise Handbook
14 November 2014 by SotosLLP | Leave a Comment
The Supreme Court of Canada has recognized the “there is a general duty of honesty in contractual performance.”
