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Article

Enforceability of Releases Executed by Franchisees, in Favour of Franchisors

Generally, courts are finding that releases executed by franchisees are not enforceable as franchisees cannot waive their rights contained in the AWA...
Mar 2025
Article

Tenant’s Repudiation of Commercial Lease.

Does the Landlord Have a Duty to Mitigate? A Court of Appeal’s decision released in December, 2024 confirms that a landlord does not have a duty to mitigate when a tenant elects to repudiate a ...
Feb 2025
Article

Potential Remedies Available to Franchisees in the Event their Franchisor is in breach of its Disclosure Obligations Pursuant to the Arthur Wishart Act

This article outlines potential remedies available to franchisees when their franchisor breaches its disclosure obligations. It considers the timelin...
Sep 2024
Article

Disclosure Requirements when there is a Sale of an Existing Franchise/Assignment of the Franchise Agreement

When a Franchisee Sells their Franchise, is the Franchisor Obliged to Provide a Disclosure Document to the Prospective Franchisee Buyer? That depends....
Aug 2024
Article

Franchisor’s Obligations on Receipt of Rescission

The Arthur Wishart Act articulates the franchisor’s obligations upon receipt of a notice of rescission, that is, within 60 days from the effecti...
Aug 2024
Article

Disclosure Requirements to an Existing Franchisee Extending the Term of their Franchise Agreement

An Existing Franchisee has Provided Notice to the Franchisor that it Wishes to Extend the Term of its Franchise Agreement, is the Franchisor Required ...
Aug 2024
Article

Can a franchisee waive its rights or the franchisor’s obligations contained in the Arthur Wishart Act?

No, pursuant to section 11 of the Arthur Wishart Act, “[a]ny purported waiver or release by a franchisee of a right given under this Act or of a...
Aug 2024
Article

Is the Arthur Wishart Act applicable to my Franchise Agreement?

The Arthur Wishart Act applies to franchise agreements entered into after July 1, 2000, if the business that is operated under the franchise agreement...
Aug 2024
Article

Disclosure Documents Requirements Summary

The Arthur Wishart Act (Ontario’s franchise legislation) requires franchisors, to provide all prospective franchisees with a disclosure document...
Aug 2024
Article

What is a Franchise?

Franchising is a method of distributing products or services involving a franchisor, who establishes the trademark associated with the products or ser...
Aug 2024
Article

Provinces in Canada with Franchise Legislation

Currently in Canada, the provinces of British Columbia, Alberta, Manitoba, New Brunswick, Ontario and Prince Edward Island have legislation regulating...
Aug 2024
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