Ontario Franchisors Get New Guidance on Drafting Releas …

September 11th, 2015

By Ivan Merrow According to the recent decision in 2176693 Ontario Ltd. v. Cora Franchise Group Inc., 2015 ONCA 152 the Ontario Court of Appeal (“ONCA“) ruled that blanket releases typical to franchise agreements may not be enforceable. The decision also provides guidance to franchisors on drafting release provisions that are compliant with Ontario’s Arthur […]

 

SCC Recognizes Duty of Good Faith in Contractual Obliga …

April 28th, 2015

The recent supreme court decision of Bhasin v. Hrynew has established an underlying duty of good faith and fair dealing in common law contractual obligations. Although it does not directly relate to Canadian franchising, the implications of the decision are far-reaching. As outlined in its landmark ruling, the Supreme Court of Canada (“SCC“) decided that […]

 

Investing in a U.S. franchise? Have you received proper …

March 3rd, 2015

There are many reasons why a potential business owner may choose to invest in a franchise as opposed to starting his or her own business. A franchise may appear to be a less risky investment because the business model has already been proven, making it is easier to assess the potential success of the franchise. […]

 

A franchisor may be liable for discriminatory policies …

November 21st, 2014

Melanie Lindsey was an employee of Manna Foods. Manna Foods’s policy requires part-time employees to be available for midnight shifts. Melanie claims that this Policy is discriminatory as it has an adverse effect on her due to her child care obligations. In Lindsey v McDonald’s Restaurants of Canada Limited, 2014 HRTO 372 (CanLII), Melanie brought […]

 
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