Election 43 is now behind us. While many Canadians were closely following the ups and downs of the 40-day campaign right up until the ballot results on October 21st, others were even more deeply entrenched.
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Stephanie Chong | September 30, 2019
We first reported here on the case involving Satinder Singh Dhillon and his claims to intellectual property rights in the name “People’s Party of Canada”.
With Canada’s 43rd general election in full swing, we thought it would be an opportune time to provide some updates on the matter.
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.
Part 3: In What Circumstances Have the Courts Granted or Denied Injunctions in Franchise Disputes?
Idan Erez | August 1, 2019
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...
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.
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
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.
In this article, we consider the following question: