Does a Decision to Arbitrate Still Make Sense by Leslie Dizgun and Jennifer Dolman with the assistance of Matt Thompson

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This paper was presented at the Ontario Bar Association 11th Annual Franchise Law Conference on November 2, 2011. It addresses whether arbitration makes sense in the franchise context and summarizes how the courts have treated arbitration agreements in franchise cases. It addresses the impact of the statutory right to associate under s. 4 of the Arthur Wishart Act on the enforceability of arbitration provisions and class action waivers and considers the recent Supreme Court of Canada decision in Seidel v. Telus. The paper discusses the usual advantages associated with arbitration and considers how to design an appropriate dispute resolution mechanism. The paper also addresses the possibility of group and class arbitration and includes appendices.

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