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.
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What Documents Are Required to Purchase a Franchise?
Nikolas Sopow | November 25, 2021
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.
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”.
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.
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.
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.
Injunctions in Franchise Disputes - Part 4: Injunctions and the Duty of Good Faith in Franchising
Idan Erez | July 14, 2021
This is the fourth installment in Hoffer Adler LLP’s continuing Legal Insight Series focusing on injunctions in franchise disputes. For Parts 1, 2 and 3, of this Series, click here, here and here, respectively.
A Sign of the Times: Updated Practices in the Trademarks Opposition Board Look Towards a Post-COVID World
Stephanie Chong | July 11, 2021
In March 2020, all institutions were forced to adapt to the then-novel threat of COVID-19. The Canadian Trademarks Opposition Board was no exception. The Board is an administrative body that acts on behalf of the Registrar of Trademarks with respect to trademark oppositions (a process whereby third parties can oppose an application to register a trademark), and summary cancellations under Section 45 of the Trademarks Act (a process through which third parties can ask to remove a trademark registration from the Register based on non-use of that trademark).
The Use of Financial Performance Representations by Canadian Franchisors – Part II: Earnings Projections
Idan Erez | May 13, 2021
In this ongoing Legal Insight series, we will discuss some of the regulatory requirements and legal issues concerning financial performance representations, or “FPRs” as they are sometimes referred to in the United States.
The Use of Financial Performance Representations by Canadian Franchisors – Part I: Past Historical Data
Idan Erez | May 6, 2021
In this ongoing Legal Insight series, we will discuss some of the regulatory requirements and legal issues concerning the making by Canadian franchisors of financial performance representations, or “FPRs” as they are sometimes referred to in the United States. This installment in the series will focus on the disclosure of past historical data.
What Are Financial Performance Representations?