A recent decision by the Ontario Court of Appeal, Mars Canada Inc. v. Bemco Cash & Carry Inc., confirms the risks associated with unauthorized product distribution (i.e. grey marketing), and strengthens the trademark rights of brand owners. The decision also limits the well-known doctrine of “restraint of trade” which voids contracts that restrict the freedom […]
Waivers of liability have found major significance. The Ontario Court of Appeal has ruled that owners and operators of certain businesses can validly obtain a waiver of liability for the injuries of individuals on their premises even if those individuals qualify as “consumers”. Background David and Elizabeth planned to go skiing at resorts north of […]
With the high cost of real estate in the major Ontario markets, and especially in Toronto, many homeowners are taking on tenants to help pay their mortgage and related costs. In addition to complying with local zoning and safety by-laws homeowners should be aware that the Ontario government has made all rental units, regardless of size or location, subject to rent control.
The current state of overlapping multijurisdictional class actions in Canada is conducive to inefficiencies, chaos, and abuse. A new Canadian Bar Association Protocol creates an opportunity to address overlapping actions.
One Ontario court cast doubt on a franchisor’s ability to do this given the franchisor’s statutory duty to deliver a disclosure document containing all material facts relating to the opportunity before the sale could be effected. That decision has been overturned by the Ontario Court of Appeal with reasons that provide further clarity to those buying and selling franchises and their advisors as to the availability of remedies for improper disclosure under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”).