In the News Sotos News
14 March 2012 by SotosLLP
Jean-Marc Leclerc was recently quoted by Law360 discussing the recent British Columbia Court of Appeal cases Pro-Sys Consultants Ltd. v. Microsoft Corporation and Sun-Rype Products Ltd. v. Archer Daniels Midland Company. Leave to appeal to the Supreme Court of Canada was recently granted for both cases.
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9 March 2012 by SotosLLP
When the Rules of Civil Procedure were amended effective January 1, 2010, the intent was to make the litigation system more accessible and affordable for Ontarians. One mechanism for doing so was to amend rule 20 (summary judgment) to make summary judgment motions a more appealing forum to resolve disputes, rather than incurring the time and expense of a full trial.
Sotos LLP partner Allan Dick was recently quoted in Lexpert magazine commenting on the recent franchising class action case of Fairview Donut Inc. v. The TDL Group Corp.
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7 March 2012 by SotosLLP | Leave a Comment
The Supreme Court of Canada recently explained many of the basic principles of trade-mark protection and enforcement in its decision in Masterpiece Inc. v. Alavida Lifestyles Inc. In this decision, the Supreme Court also set out much needed clarification on several significant aspects of the process of determining the likelihood of confusion between trade-marks.
2 March 2012 by SotosLLP
Sotos LLP partner John Yiokaris was featured in an article in the February 20, 2012 issue of the Globe & Mail.
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27 February 2012 by SotosLLP
If a court finds that a restrictive competition covenant is unenforceable, the question is whether the court will sever (delete) the offending part from the franchise agreement. Unlike U.S. courts, a Canadian court will neither re-write an unenforceable covenant nor replace it with a more reasonable covenant; the court will, however, sever the covenant (or its offending parts).
22 February 2012 by SotosLLP
By definition, an in-term non-compete covenant operates contemporaneously with the other covenants in the franchise agreement that are designed to regulate the franchise relationship operationally while it continues. The in-term non-compete covenant may be a logical consequence of these other covenants (for example, a covenant to devote one's entire working time and attention to operating the franchise), or it may be entirely unrelated to them.
14 February 2012 by SotosLLP
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.
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31 January 2012 by SotosLLP | Leave a Comment
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.
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17 January 2012 by SotosLLP | Leave a Comment
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.
