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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.


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.


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.


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