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What Constitutes Adequate Notice of Rescission by a Franchisee?

Idan Erez | August 15, 2019

Under Ontario’s franchise legislation, the Arthur Wishart Act (Franchise Disclosure) (the “Wishart Act”), a franchisee is entitled to “rescind”, or unwind, its franchise agreement if the franchisor failed to provide adequate disclosure to the franchisee before the execution of the franchise agreement.


Franchisors Are Not Liable for Wishart Act Misrepresentations Contained in Disclosure Documents That Were Voluntarily Disclosed

Idan Erez | August 8, 2019

In a significant recent Ontario decision, 2101516 Ontario Inc. et al v. Radisson Hotels Canada Inc., the court considered whether a franchisor can be liable for a misrepresentation claim under the Arthur Wishart Act (Franchise Disclosure) (the “Wishart Act”) in circumstances when the alleged misrepresentations were contained in a franchise disclosure document that the franchisor was not required to have provided, but that was provided voluntarily nonetheless.


Hoffer Adler LLP’s Legal Insight Series - Injunctions in Franchise Disputes

Part 3: In What Circumstances Have the Courts Granted or Denied Injunctions in Franchise Disputes?

Idan Erez | August 1, 2019

This is the third installment in Hoffer Adler LLP’s continuing Legal Insight Series focusing on injunctions in franchise disputes. For Part 1 of this Series, click here. For Part 2, click here.


Hoffer Adler LLP’s Legal Insight Series

Injunctions in Franchise Disputes - Part 2

Idan Erez | July 3, 2019

What Are the Requirements to Obtain an Injunction in a Franchise Dispute?

As we discussed in Part 1 of this Series, our courts regard injunctions as extraordinary remedies. Reflecting its extraordinary nature, an injunction will not be awarded unless the party seeking it can meet a series of strict requirements...


Slam Dunk? – NBA Playoffs give rise to Interesting IP Issues

Stephanie Chong | June 6, 2019

Raptors fever has firmly taken hold, not only here in Toronto, but across Canada (and arguably, even in the United States where many basketball fans appear fatigued at the prospect of seeing the Golden State Warriors win the championship yet again). The final series of the National Basketball Association’s playoff season is being played between the “upstart” Toronto Raptors and the experienced five-time champion Golden State Warriors based in Oakland, California.


Hoffer Adler LLP’s Legal Insight Series

Injunctions in Franchise Disputes - Part 1

Idan Erez | May 17, 2019

What is an Injunction, and What Role Does it Play in Franchise Disputes?

As is true of almost any commercial relationship, it is sometimes the case that a dispute can develop between the franchisor and one or more of its franchisees. When such a dispute develops, it is often the case that one or more of the parties will seek the court’s assistance to resolve it.


One Month and Counting! Major Changes to Canadian Trademarks Regime will Come into Force on June 17, 2019

Stephanie Chong | May 17, 2019

The Canadian trademarks regime will see major changes coming into effect on June 17, 2019. The last time our laws in this area underwent significant transformation was in the 1950s, so June 17th will be a significant day indeed.

The impact will be seen in two major respects:

1.            Changes to domestic trademark filings; and

2.            Implementation of the Madrid Protocol, whereby international filings can be made


Hoffer Adler LLP’s Legal Insight Series

Mediation and Arbitration Provisions in Franchise Agreements - Part 3

Idan Erez | April 1, 2019

Is Your Dispute Captured by Your Mediation/Arbitration Provision?

This is the third installment in Hoffer Adler LLP’s continuing Legal Insight Series focusing on mediation and arbitration provisions in franchise agreements.

For Part 1 of this Series, click here;
for Part 2, click here.

In this article, we consider the following question:


Hoffer Adler LLP’s Legal Insight Series

Mediation and Arbitration Provisions in Franchise Agreements - Part 2

Idan Erez | March 19, 2019

Can the Existence of a Mediation or Arbitration Provision Postpone the Deadline By Which One Party Can Sue the Other?

This is the second installment in Hoffer Adler LLP’s continuing Legal Insight Series focusing on mediation and arbitration provisions in franchise agreements.

For Part 1 of this Series, click here.

In this article, we consider the following question:


Hoffer Adler LLP’s Legal Insight Series

Mediation and Arbitration Provisions in Franchise Agreements - Part 1

Idan Erez | March 12, 2019

Are Parties Other Than the Franchisor and the Franchisee Bound by the Mediation or Arbitration Provision?

It is not uncommon for franchise agreements to include provisions requiring the parties to resolve any future disputes that may arise between them by means of alternative dispute resolution, such as mediation and/or arbitration, instead of by commencing a court lawsuit.


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