Category Archives: Franchising, Licensing and Trademarks

Controlling the Tweet: What’s a Franchisor to do?

Social media has allowed businesses to connect with consumers in unprecedented ways. The opportunity for businesses to increase brand awareness though comes at the expense of controlling the message being conveyed. Continue reading

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Bill 102 – Proposal to Amend the Arthur Wishart Act (Franchise Disclosure), 2000

As a surprise to many in the franchise industry, a private member’s bill was introduced in the Ontario Legislature as Bill 102 on September 15, 2010 to amend the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”). Continue reading

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Manitoba Proposes New Franchise Legislation

In a bold and somewhat surprising move, the Government of Manitoba introduced Bill 15 last week to enact franchise legislation in that province. If successfully passed, Manitoba would join Alberta, Ontario Prince Edward Island, and New Brunswick as the only jurisdictions in Canada with franchise legislation. Continue reading

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Your Disclosure Document: A Living Document

Print Version The Arthur Wishart Act (Franchise Disclosure), 2000 (Ontario) (the “Act”) requires franchisors to provide potential franchisees with a disclosure document containing all material facts, financial statements, copies of agreements to be signed, and other relevant information and documents … Continue reading

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Disclosure: Better Late than Never

Print Version In a spate of recently decided cases on the issue of rescission, the Ontario Court of Appeal has now weighed in on the issue of whether a franchisor’s failure to deliver a disclosure document on a timely basis … Continue reading

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Franchise Disclosure: To be or not to be, that is the question The Sequel…

Print Version On the heels of the recent decision in Sovereignty Investment Holdings Inc. v. 9127-6907 Quebec Inc.(1), the Ontario Superior Court of Justice has released its decision in 6862829 Canada Limited v. Dollar It Limited(2), which appears to have … Continue reading

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Franchise Disclosure: To be or not to be, that is the question

Print Version In what may be a landmark decision, the Ontario Superior Court of Justice has judicially determined in Sovereignty Investment Holdings Inc. v. 9127-6907 Quebec Inc.(1) which deficiencies in disclosure may be fatal to a franchisor’s compliance with the … Continue reading

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Franchise Disclosure 101: A Primer

Print Version Pursuant to the Arthur Wishart Act (Franchise Disclosure), 2000, all franchisors in the Province of Ontario must provide a disclosure document to a prospective franchisee 14 days before signing an agreement or receiving any payment to acquire the … Continue reading

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Franchise Disclosure: Top 10 Mistakes

Print Version The following is part of a series of short articles to assist individuals and companies who are contemplating buying a franchise. Lack of Commitment To determine whether purchasing a franchise is right for you, you should consider your … Continue reading

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Acquiring a Franchise: Fundamentals for Success

Print Version The following is part of a series of short articles to assist individuals and companies who are contemplating buying a franchise. It is truly surprising how many potential franchisees act like compulsive gamblers at a slot machine.  Purchasing … Continue reading

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