Franchising is a particular business model with a unique structure and financial model. It has excellent business advantages but also unique legal challenges. In Ontario, it is subject to the provisions (amongst others) of the Arthur Wishart Act (Franchise Disclosure), 2000, a statute imposing various obligations which are the subject of ongoing development and refinement through evolving judicial interpretation.
Litigating franchising disputes effectively requires detailed knowledge and experience as well as excellent litigation skills. Lawyers in our firm have played a leading role in legal and industry franchising organizations within Canada and are active internationally as well. We are well positioned to understand the particularities of any franchising relationship, be they with respect to the franchise agreement and disclosure documents themselves, or to related issues such as leasing, subleasing, tax, intellectual property, communications, corporate and commercial law, or other related areas of the law.
We are experienced in the courts of multiple jurisdictions in Canada, well versed in traditional litigation, including interim and interlocutory applications for injunctive, mandatory, and other extraordinary relief, and effective in alternative dispute resolution. Our advocacy in and out of court can make the difference for your franchising litigation needs.