The following article by Sarit Batner, Helen Fotinos, Brooke MacKenzie and Adam Ship may be of interest to readers of this blog: Ontario Court Finds that Material Omission in Franchise Disclosure Document Provides Only 60-Day Rescission Right.
In a significant recent decision, the Ontario Superior Court of Justice granted partial summary judgment in Caffé Demetre v. 2249027 Ontario Inc. the first franchise rescission claim to be decided since the new summary judgment test was set down by the Supreme Court of Canada in Hryniak v. Mauldin. The case is one of the first in which an Ontario court … Continue Reading
British Columbia has no special franchise legislation – franchise relationships are governed by the terms of franchise agreements and the common law of contracts. However, a new report reveals that interested parties are largely in favour of changing this regime through the introduction of franchise legislation. This consensus became clear after a year of consultations and studies by the British Columbia Law Institute (BCLI), which has now recommended the introduction of franchise legislation to the B.C. Legislature.… Continue Reading
British Columbia is the third most populous province in Canada and is home to a huge variety of franchised businesses, yet the province lacks a legislative regime for franchising. According to the B.C. Branch of the Canadian Bar Association, small business owners comprise 98% of all businesses in the province and many of these businesses are franchises. In British Columbia, these potentially complex business arrangements are governed by the common law. This may soon change.
This month, the British Columbia Law Institute (BCLI) published a Consultation Paper on a Franchise Act for British Columbia (the “Consultation Paper”). The Consultation Paper … Continue Reading