Recent Blog Posts

Should you trade-mark your logo, name, or both?

John Yiokaris

Published December 1, 2017

One of the first things people typically do when they come up with a new product or business idea is pick a name. They may go even further and start planning a design logo, packaging, and marketing. Each of these elements can potentially be protected by trademark registrations.

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The Ontario Labour Relations Board: Canada Bread Franchisees Can Unionize

Dixie Ho

Published December 1, 2017

On September 14, 2017, the Ontario Labour Relations Board (the “OLRB”) rendered its decision in the hearing of International Brotherhood of Teamsters v. Canada Bread Company Limited (“Canada Bread”) in which certain Canada Bread franchisees were found to be “dependent contractors” as defined in the Labour Relations Act (“LRA”) and therefore employees of Canada Bread capable of certification. 

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High Time for Canada to bring into force law requiring notification of data breaches

Jean-Marc Leclerc

Published November 27, 2017

In July 2015, the Government of Canada amended the Personal Information Protection and Electronic Documents Act to require companies to disclose data breaches to the Privacy Commissioner of Canada and to affected individuals. The amendments would require companies to disclose breaches “if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to an individual.”

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Ontario Franchise Legislation Amendments Now in Force

Peter Viitre

Published November 23, 2017

On November 14, 2017 Ontario’s Bill 154, the Cutting Unnecessary Red Tape Act, 2017, received Royal Assent and, in doing so, amended the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Wishart Act” or the “Act”) in a number of positive ways.

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Navigating the Uncertain Waters of Franchise Renewal Agreements: An Introductory Map

Daniel Hamson

Published September 28, 2017

When approached with preparedness, renewal negotiations can offer the opportunity to retain a great franchisee and adapt the terms of the parties’ agreement to reflect evolving priorities and changing industry conditions, or, if the arrangement is no longer fruitful, amicably conclude the business relationship.

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Wishart Act Amendments Introduced

Peter Viitre

Published September 15, 2017

On September 14, 2017, the Ontario Government introduced Bill 154, the Cutting Unnecessary Red Tape Act, 2017, which includes the amendments to the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Wishart Act”) that were recommended by the Ontario Business Law Advisory Council in its Fall 2016 Report. 

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Delivery Apps in Restaurant Franchising: How to Deal with Brand Protection?

Jennifer Kulyk & John Sotos

Published September 7, 2017

Disruptive technology has hit the restaurant industry in recent years, expanding the range of options for consumers to order their favourite meal in a fast and convenient way. Third party delivery apps offer restaurants the ability to outsource delivery, increase online promotion, provide more convenient options to consumers, and potentially increase revenues.

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Food Delivery Apps in Restaurant Franchising: How to Deal with Fees?

Jennifer Kulyk & John Sotos

Published August 31, 2017

Food order and delivery apps are rising in popularity.  Most are familiar with names such as UberEats, Foodora, and Doordash. Just recently, McDonalds partnered with UberEats to offer food delivery services to customers. Many restaurant franchise systems are encouraging or exploring the use of food delivery apps, in large part because they represent a new revenue source previously unavailable to all except the few who invested heavily in home delivery infrastructure.

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A New Era in Franchisee Compliance Strategy

Allan D.J. Dick

Published August 29, 2017

Franchisors go to great lengths to develop their systems.  They then spend significant resources to commit their processes and expectations to writing in the form of franchise agreements and manuals.  Most franchisors dedicate many days and often weeks to ensuring franchisees are trained in the system before opening their businesses to the public.  Compliance with these agreements and manuals is fundamental to the success of the system.

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Rights of First Offer and Rights of First Refusal: blessings or hidden trap

John Sotos & Mohsen Seddigh

Published August 11, 2017

When negotiating an agreement you may run into a clause titled Right of First Refusal (“ROFR”) or Right of First Offer (“ROFO”). Many people might read over such clauses and not pay much attention. Others may pay attention but not know if or how either clause may serve their interests. Regardless of which one they select, there can be unintended consequences down the line. Similarly, how the clause is drafted can have a material impact on the parties’ interests.

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