In Ontario (like many other Canadian provinces), the relationship between franchisors and franchisees is regulated by franchise legislation. In Ontario, this legislation is the Arthur Wishart Act (Franchise Disclosure), 2000 (“Arthur Wishart Act”).
The Arthur Wishart Act regulates many aspects of the franchisor–franchisee relationship, including mandating franchisors deliver to every prospective franchisee a disclosure document, containing articulated details regarding the franchisor, its officers and directors, the parties’ obligations and responsibilities during the franchise relationship etc., prior to the franchisee executing agreements with, or paying funds to, the franchisor.
As well, the Arthur Wishart Act regulates the franchise relationship during the term of the franchise agreement.
Whether you are seeking legal advice on the disclosure document you received from a franchisor you are considering purchasing a franchise business from, you are an existing franchisee involved in a dispute with your franchisor, or are seeking legal advice prior to signing an agreement you received from your franchisor, the Franchise Law Team at Sorbara Law has the experience and expertise to provide you with practical, strategic guidance.
Our franchise law services include:
- Reviewing franchisors’ disclosure document to assess compliance with the Arthur Wishart Act;
- Acting for franchisees and franchisors buying and selling franchise businesses;
- Acting for existing franchisees extending the term of their franchise agreement;
- Reviewing termination agreements between franchisees and franchisors;
- Acting for franchisees who are uncertain regarding requests their franchisors are mandating;
- Acting for franchisees who dispute/disagree with their franchisors’ requests;
- Providing legal advice to franchisees in relation to operating their franchise business, including:
- Corporate and shareholder structuring;
- Commercial financing;
- Commercial leasing;
- Contract drafting and review;
- Construction and construction lien matters;
- Dispute resolution and handling litigation matters;
- Employment law matters;
- Intellectual property matters; and
- Succession planning.