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Notable decisions in Alberta and British Columbia

It is important to note that this decision turned on the terms of the relevant agreement and the facts of the case; certain facts may be critical in...

The validity of non-refundable franchise fees

In Mancilla c. Franchises Coq & Rico inc., the Québec Superior Court discussed the obligations of the parties to a franchise agreement.

Breach of the franchise agreement: No automatic compensation for the franchisor

The Québec Superior Court confirmed that a franchisor is not liable for a franchisee’s failure to be profitable.

Rescission decision emphasizes potential disclosure exposure

In Giroux et al. v. 1073355 Ontario Ltd. et al, 2018 ONSC 143 (Giroux), franchisees sought a declaration, on a summary judgment motion, that they...

No summary judgment for franchisee in Hepburn v. AlarmForce

Overbreadth, insufficient evidence and intertwined issues prevented summary judgment in this Ontario Superior Court case involving material changes...

OPC issues warning: Affiliate marketing industry must comply with privacy requirements

The Office of the Privacy Commissioner of Canada (OPC) published a warning for affiliate marketers after an international study found significant...

Government of Canada: Leave those kids alone

Franchisors in the food and restaurant industry should prepare for restrictions on their ability to advertise.

Turning off the tap – Alberta’s Bill 12 could give Minister of Energy discretion to restrict oil and gas exports

On April 16, 2018, the Legislative Assembly of Alberta introduced Bill 12 – Preserving Canada’s Economic Prosperity Act, marking the latest...

Construction Lien Act changes: A primer for real estate practitioners

Ontario’s Construction Lien Act has implications for real property, which necessitates that real estate practitioners must have a working knowledge...

CSA concludes real estate issuers should improve disclosure relating to distributions and non-GAAP financial measures

The Canadian Securities Administrators (CSA) have concluded that the quality and completeness of disclosure by real estate reporting issuers relating...