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8 January 2013 by SotosLLP
If you are a spouse or family member of a person seeking to obtain a loan with your assistance either by guaranteeing the loan or offering other security, you may have been directed to a lawyer who is independent of the borrower or the lender to give you legal advice. The reason for this is to mitigate the risk to the lender that you are being unduly influenced in offering your assistance.
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Automotive Blog Cannabis Grocery Health Home Services Hotel Jean-Marc Leclerc Personal Services Professional Services Restaurant Retail
18 October 2012 by SotosLLP | Leave a Comment
Earlier this year, an important case was decided by the Ontario Superior Court of Justice about rights under the Arthur Wishart Act when system-wide changes are made to an entire franchise system. Although the decision has been appealed, it provides a number of helpful principles for franchisors considering important system changes.
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16 October 2012 by SotosLLP | Leave a Comment
One of the fundamentals of good franchising for a franchisor is making the right decision over who will control the real estate occupied by the franchisee’s business. The choices are limited but the considerations are varied.
Recognition Sotos News
15 October 2012 by SotosLLP
It’s been a good year at Sotos LLP, and we have a lot to show for it: Sotos’ lawyers have been given an impressive number of awards and rankings in the past few months.
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9 October 2012 by SotosLLP
An "earnings claim" is any information given by or on behalf of a franchisor to a prospective franchisee from which a specific level or range of actual or potential sales, costs, income or profit of franchisor-owned or franchised outlets may be readily ascertained.
29 August 2012 by SotosLLP
As an owner of a business that leases commercial space, have you noticed a term in your lease agreement that stipulates the following: “the Tenant promises to pay the Landlord’s reasonable administration, management or supervisory fee as Additional Rent”? Too often, this clause or a similar clause is found in commercial lease agreements instead of a precise method of calculating the administration fee.
29 August 2012 by SotosLLP | Leave a Comment
Following what has been called a “landmark decision out of the Quebec Superior Court,” franchisors may be well served to take an inventory of their policies surrounding brand protection and promotion. In this decision, the court awarded 21 Quebec Dunkin’ Donut franchisees $16.4 million dollars, plus legal costs, for the franchisor’s negligence, incompetence, lack of assistance and support, and breach of the franchise agreement that amounted to its failure to protect and enhance the Dunkin' Donuts’ brand.
In the News Sotos News
20 August 2012 by SotosLLP
John Sotos was quoted in the July 2012 issue of Canadian Lawyer magazine. The article, titled "Mind the disclosure gap", examines some of the pitfalls franchisors and franchisees can face surrounding disclosure obligations.
7 June 2012 by SotosLLP
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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12 April 2012 by SotosLLP | Leave a Comment
Renewal provides a key opportunity for franchisors to institute changes to their business systems and move franchisees over to the current form of their franchise agreement and standards (i.e. trade-dress, equipment, and signage). The renewal process should be seen as a balancing act between modernizing the franchise agreement on the one hand, while not modifying it in such fundamental ways so as to make it unpalatable to franchisees.
