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Hoffer Adler LLP’s Legal Insight Series

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).


Hoffer Adler LLP’s Legal Insight Series

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.


Hoffer Adler LLP's Legal Insight Series

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?


Tips on How to Speed up the Processing of Your Canadian Trademark Application

Stephanie Chong | May 5, 2021

“Faster, Mommy! Faster, faster!” Those words were regularly uttered by my son when he was younger whenever we spent time on a ski hill, at an ice rink, or even just running around the neighbourhood.

Speed demon that he was (and still is), he would no doubt be encouraged by recent measures taken by the Canadian Intellectual Property Office (CIPO) to accelerate the processing of trademark applications.


Franchise Disclosure Documents & COVID-19

Lauren Parker | January 4, 2021

The effects of the COVID-19 pandemic have been felt across many industries and in businesses both large and small, including those within franchise systems. As the pandemic continues, and as governments across Canada enact legislation to combat its effects, franchisors will need to ensure that their disclosure reflects the impact of COVID-19 on their franchise system.


Amendments to the Arthur Wishart Act

Maryam Shahidi | October 26, 2020

We previously reported on Bill 154, the Cutting Unnecessary Red Tape Act, 2017, which introduced new proposed amendments to the Ontario’s franchise legislation, the Arthur Wishart Act (Franchise Disclosure) (the “Wishart Act”), in our blog post here. On September 1, 2020 those amendments to the Wishart Act came into force.

The amendments have added clarity to certain provisions of the Wishart Act.  Below is a summary of those recent amendments. The more significant amendments to the Wishart Act are as follows.

Confidentiality Agreements and Location Reservation Agreements


Franchise Disclosure Documents & COVID-19

Lauren Parker | August 18, 2020

The effects of the COVID-19 pandemic have been felt across many industries and in businesses both large and small, including those within franchise systems. As the pandemic continues, and as governments across Canada enact legislation to combat its effects, franchisors will need to ensure that their disclosure reflects the impact of COVID-19 on their franchise system.

The Importance of Disclosure during a Pandemic


Is O Canada Original? Thoughts on Musicology and Copyright

Stephanie Chong | August 4, 2020

O Canada!

Our home and native land!

True patriot love in all of us command.

Car ton bras sait porter l’épée,

Il sait porter la croix!

Ton histoire est une épopée

Des plus brilliants exploits.

God keep our land glorious and free!

O Canada, we stand on guard for thee.

O Canada, we stand on guard for thee.


Is a Verbal Franchise Agreement Enforceable?

Idan Erez | July 20, 2020

Typically, franchise agreements are written documents that include detailed terms describing the legal rights and obligations of the franchisee and franchisor.


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