In Ontario, legal claims seeking the recovery of money may be pursued in different courts, and pursuant to different procedures, depending on how much money is being claimed. Smaller claims must be pursued in Small Claims Court. Larger claims up to a certain limit must be pursued to a “simplified procedure” within the Superior Court. Claims beyond that limit, or claims in which something other than a strictly monetary award, must be pursued to the ordinary procedure within the Superior Court.
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Litigation Update: New Increases Coming to the Monetary Limits of Ontario Courts
Idan Erez | November 5, 2019
Attention Foreign Trademark Counsel (and Applicants): Appoint a Canadian Trademark Agent for Madrid Applications to Prevent Loss of Rights
Stephanie Chong | October 31, 2019
As reported in an earlier blog post, Canada implemented the Madrid Protocol on June 17, 2019. The Madrid Protocol is a system which permits entities located in member countries to obtain “international” trademark registrations.
The Volunteer Lawyer and Election Campaigns
Stephanie Chong | October 28, 2019
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.
Crashing the People’s Party – IP Claims Meet their Demise
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.
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.
