This is the fourth in our ongoing new series of short articles about the "basics" of franchising. In this series, we briefly offer practical information addressing some of the fundamental issues concerning franchising. This series is intended to answer and de-mystify some common questions frequently posed to us by prospective franchisees and franchisors.
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Hoffer Adler LLP's Franchising Basics Series
Can You Walk Away From a Franchise?
Nikolas Sopow | June 29, 2022
The New Brunswick Court's First Decision Considering the New Brunswick Franchise Statute is Consistent with Ontario's Approach
Amal Latif | April 12, 2022
The New Brunswick Court of Queen’s Bench has recently released its first decision under the New Brunswick Franchises Act (the “Act”) in Alphataho Inc., et al. v. Maaco Canada Limited Partnership LP, et al. Due to this being the first decided case made under the Act, the New Brunswick court relied heavily on the large body of existing case law under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000; the Ontario and New Brunswick franchise statutes are, in many respects, almost identical.
Water filter fight frees trademark: APEC WATER struck from register
Fred Wu | March 24, 2022
The Federal Court of Canada recently handed down a decision in APEC v iSpring, 2022 FC 388, on APEC’s application to strike iSpring’s APEC WATER word mark from the trademark register under the Trademarks Act [TMA], s 57(1).
Hoffer Adler LLP's Franchising Basics Series
Can a franchise owner be fired?
Amal Latif | January 24, 2022
This is the third blog in our ongoing new series of short articles about the "basics" of franchising. In this series, we briefly offer practical information addressing some of the fundamental issues concerning franchising. This series is intended to answer and de-mystify some common questions frequently posed to us by prospective franchisees and franchisors.
Hoffer Adler LLP's Franchising Basics Series
What Documents Are Required to Purchase a Franchise?
Nikolas Sopow | November 25, 2021
This is the second in our ongoing new series of short articles about the "basics" of franchising. In this series, we briefly offer practical information addressing some of the fundamental issues concerning franchising. This series is intended to answer and de-mystify some common questions frequently posed to us by prospective franchisees and franchisors.
Hoffer Adler LLP's Franchising Basics Series
What Are the Risks and Costs of Buying a Franchise?
Amal Latif | November 16, 2021
This is the first in our ongoing new series of short articles about the "basics" of franchising. In this series, we briefly offer practical information addressing some of the fundamental issues concerning franchising. This series is intended to answer and de-mistify some common questions frequently posed to us by prospective franchisees and franchisors.
Like any investment, buying a franchise involves risk and cost. Below, we list some of the biggest considerations when reviewing a franchise brand to see if it is right for you.
Costs:
What is a Franchisor’s Associate Under Ontario’s Franchise Law?
Amal Latif | October 26, 2021
The underlying policy goal of the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”) is to address the imbalance of power between franchisors and franchisees, which typically strongly favours franchisors.
To achieve this end, the Act imposes obligations and liabilities, not only on franchisors, but on certain parties related to franchisors, defined under the Act as “franchisor’s associates”.
Hoffer Adler LLP’s Legal Insight Series
COVID-19 Legal Considerations for Franchisees and Franchisors: Force Majeure Clauses and Frustration of Contracts
Amal Latif | October 7, 2021
In the first installment of Hoffer Adler LLP’s Legal Insight Series concerning COVID-19 considerations for franchisees and franchisors, we discussed the availability of “force majeure” clauses and the doctrine of frustration as possible means by which a franchisee or franchisor could escape its lease obligations due to restrictions put in place as a result of COVID-19.
Political Debates and Trademarks
Stephanie Chong | September 13, 2021
Canada is in the midst of a federal election, and the leaders of the major political parties have taken the stage in a number of televised debates, two in French and the most recent one in English. These debates featured a few memorable bouts of verbal jousting, and the English-language session included an exchange which brought to mind a trademark issue.
Franchisee’s Statement of Claim Struck Out for Insufficient Detail
Fred Wu | August 13, 2021
Whether pursued in Ontario or in the United States, litigation begins with an exchange of pleadings. Pleadings serve crucial functions; these court documents define the scope of a dispute and give notice to the other side of what is being argued. If a plaintiff’s pleading—called a Statement of Claim under Ontario civil procedure—fails to effectively describe the allegations supporting the suit, or describes a claim without any basis in law, a defendant need not deliver a responding pleading and press forward.
