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This Q&A chapter provides an overview of the main practical issues concerning local and international franchising, including: current market activity; franchising regulatory framework; contractual issues…
Continue Reading… Practical Law – Q&A Guide to Franchising in Canada
Franchising has become one of the most popular business expansion options, one that is particularly effective when developing into international markets. Franchises that grow with a well-structured system, a thoroughly thought out plan, and exceptional legal documents have the best chance of success.
Andrae Marrocco was re-appointed to the Ontario Bar Association Franchise Law Section Executive on June 2, 2016.
Dickinson Wright attorneys attended the International Franchise Expo in New York – June 16-18, 2016.
After long anticipation from the franchise industry, the government of Ontario has finally amended regulations under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) to expressly allow a franchisor to deliver its franchise disclosure document electronically and by prepaid courier.
Most franchise agreements include a non-competition covenant preventing a franchisee from competing with the franchisor during the term, and in many cases after the term of the agreement.
Dickinson Wright attorneys attended the 32nd Annual International Bar Association / International Franchise Association Joint Conference in Washington DC – May 17-18, 2016.
Dickinson Wright attorneys Ned Levitt, Paul Fransway, Jim Ullman, Andrae Marrocco, Ted Kalnins and Patrick Green attended the 49th Annual International Franchise Association Legal Symposium in Washington DC – May 15-17, 2016.
One of the recent concerns for both franchisors and franchisees in the US has been the uncertainty created by regulatory efforts to have franchisors held liable as a “joint employer” of the employees of their franchisees. Most prominent of these efforts has been the National Labor Relations Board’s (“NLRB”) actions asserting that McDonald’s is a joint employer of its franchisees’ employees.
The answer is that it depends. The Ontario Superior Court of Justice considered the matter in 2313103 Ontario Inc. et al v JM Food Services Ltd. et al. in the context of whether the shareholders of the corporate franchisee can invoke the statutory rights afforded to franchisees under the Arthur Wishart Act (Franchise Disclosure), 2000 (Ontario) (“Act”).