The emergence and widespread prevalence of the COVID-19/coronavirus epidemic has created unprecedented challenges for both franchisees and franchisor.
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COVID-19 Legal Considerations for Franchisees and Franchisors
Idan Erez | April 2, 2020
Stephanie Chong | March 6, 2020
As we approach International Women’s Day on March 8th, an interesting thought occurred to me: Why is Justice a woman?
The image of a woman wearing a blindfold and holding a set of scales is familiar in legal symbolism. Often referred to as Lady Justice, she can be seen in front of courthouses as an imposing statue, or embossed on a medallion or other background image.
But why is the embodiment of the concept of justice a woman?
Idan Erez | November 5, 2019
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.
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.
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.
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...