Header graphic for print
Consumer & Retail Advisor

Category Archives: Transactions

Subscribe to Transactions RSS Feed

Ontario Court Allows Franchisor to Rely on Buy/Sell Exemption to Disclosure and Enforces Restrictive Covenant

Posted in Franchising, Transactions

In MEDIchair LP v. DME Medequip Inc. (“MEDIchair”), the Ontario Superior Court of Justice (the “Court”) considered whether a restrictive covenant contained in a franchise agreement is enforceable by a franchisor, MEDIchair LP (the “Franchisor”) against its corporate franchisee, 2169252 Ontario Inc. (“216”) and its two principals, Allison Rolph and Ron Seiderer (collectively, the “Respondents”).The Court also considered circumstances where a franchisor may rely on the exemption set forth in Section 5(7)(a)(iv) of the Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”) to avoid the disclosure obligations … Continue Reading

Amendments Regarding the Temporary Foreign Worker Program

Posted in Acquisitions, Employment and HR, Franchising, Transactions

On December 31, 2013, a new set of amendments to applicable legislation came into force regarding the Temporary Foreign Worker Program.

The changes include requirements that employers:

  • complete a new form of labour market opinion (LMO) application;
  • keep copies of any documents pertaining to compliance with conditions prescribed by the Immigration and Refugee Protection Regulations (IRPR) for six years;
  • demonstrate information they provided in an LMO application was accurate; and
  • make “reasonable efforts” to ensure that the workplace is free of abuse.

The changes, which are generally aimed at protecting vulnerable employees, are also of significance to businesses considering mergers … Continue Reading

More Buzz on Retail Dealmaking

Posted in Retailing, Transactions

Last week (together with my colleague, Lara Nathans) I shared some of the key takeaways from Buying Into Beauty, a fairly recent Mergermarket report, which looks at M&A activity in the beauty and personal care industry. For a related update, but this time with a focus on what’s happening here in Canada in the retail space, check out Hollie Shaw’s article in the National Post, Canada’s retail megamerger boom.

The conclusion put forward in that article – that 2013 has been a big year in Canadian retail – is consistent with the findings in the Mergermarket study … Continue Reading

Dealmaking in the Beauty and Personal Care Space

Posted in Retailing, Transactions

Highlights from the Recent Mergermarket Report, Buying Into Beauty

We recently picked up Buying Into Beauty, the new Mergermarket report (prepared in association with Michel Dyens & Co.), which looks at M&A activity in the beauty and personal care industry, and thought we’d share some of our key takeaways from that report.

In terms of the historical data, the news is positive. According to the report, in 2012, there was an 8% year-over-year increase in M&A volume to 70 deals, while the total value of M&A transactions increased threefold, with Mergermarket citing the availability of more product types, through … Continue Reading