The British Columbia (Canada) government has introduced a bill that will make it the sixth province in Canada to regulate franchising along with the provinces of Alberta, Ontario, Manitoba, New Brunswick and Prince Edward Island.

Franchisee employees may be considered “joint employees” of the franchisor for purposes of collective bargaining and other employment issues under the National Labor Relations Board’s recent decision in Browning Ferris Industries of California, Inc. (BFI), a decision that could expose franchisors to labor law liability for conducting common franchisor activities.

It is well established that the intellectual property (“IP”) of a franchise brand is one of its most valuable assets. Trademark registration is typically one of the first steps franchisors take to protect their brand in a given jurisdiction.

Section 5(7)(a)(iv) of the Arthur Wishart Act (Franchise Disclosure) 2000 (“AWA”) states that disclosure obligations do not apply to a franchisor in circumstances where there is a grant of a franchise by an existing franchisee to another person if the grant of the franchise is not effected by or through the franchisor

When Alberta’s Notaries and Commissioners Act (Alberta) became effective on April 30, 2015, the Guarantees Acknowledgement Act (Alberta) was amended in several ways that are important to franchisees and franchisors.

Download the January 2015 issue of the Dickinson Wright Franchise & Distribution Law Newsletter.

It is absolutely prudent to ask the Franchisor as many questions as necessary to ensure that you understand the complete picture of the franchise arrangement and relationship, after all you are entering into a partnership of sorts with the franchisor. So what are some of the questions that should be asked?

Important matters to assist in pursuing that goal. One of the most common misconceptions of new franchisees is that they expect to make a profit from the first day of opening their franchise doors

A decision to buy a franchise raises questions. “I want to buy a franchise; which one should I buy?” Sounds like a simple enough question, but is it really the right question to ask yourself first? Perhaps begin with: “What type of business do I see myself running?” “Do I want to flip hamburgers, run a dry cleaning business or maybe take care of the elderly?”

Who is an “officer” for the purposes of preparing a Franchise Disclosure Document (“FDD”) under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) and Regulations (“Regulations”)