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”).
Over the last year, high-profile data breaches affecting thousands of Canadians have raised concerns over businesses’ privacy practices. Questions surrounding companies’ handling of personal information are becoming more prominent in the minds of consumers. Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), which governs the privacy practices of many businesses in Canada, sets out personal information handling requirements built on pillars of accountability and consent.
Amazon’s acquisition of Whole Foods earlier this year has sparked speculation in the grocery industry about the future of its traditional business model which sees consumers visiting brick and mortar stores. On the heels of Amazon’s announcement, several of Canada’s largest retailers began advertising, and in some cases, rolling out their e-commerce strategies.
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.