Articles - Focus on Franchising

Two recent cases demonstrate the differing results that can follow when claiming damages for breach of the duty of fair dealing in Section 3 of the Arthur Wishart Act (Franchise Disclosure), 2000 compared to claimimg punitive damages.

In Ontario Inc. v. Philthy McNasty’s (Enterprises) Inc., Justice Whitaker held that the limitation period for a claim of compensatory rescission damages starts to run at the point the franchisee knows the franchisor will not be honouring a claim for damages.

Courts and administrative tribunals are generally sensitive to the vulnerability of employees in employment relationships due to the often unequal bargaining power between employers and most employees.

Canada’s new anti-spam legislation (“CASL”) will change the way businesses conduct electronic marketing campaigns.

The physical premises from which a franchised business operates will, in many circumstances, have a direct impact on the financial success of the business and, by extension, the franchise system.

The Franchise documents have been signed, the training is over, and the outlet has opened. Should the Development and Legal Departments close their files, and diarize them for 10 years from now?