There is a growing number of Canadian provinces enacting franchise disclosure legislation and a growing number of decided cases providing guidance as to the obligations of franchisors under these statutes. Currently, the provinces of Alberta, Manitoba, Ontario, Prince Edward Island and New Brunswick have such legislation, and British Columbia will have such a statute in force very soon. These statutes are consistent in requiring the delivery of a comprehensive franchise disclosure document before a prospective franchisee pays any money or enters into an agreement relating to the franchise.
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The court decisions to date have demonstrated a clear judicial predisposition to a strict interpretation of the wording of the statutes and a willingness to afford aggrieved franchisees their requested remedies.
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All of these statutes provide for the significant remedy of rescission for non-disclosure or sufficiently defective disclosure. The courts have also demonstrated a willingness to find sufficient defects to support a rescission remedy even from minor administrative errors.
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There is a growing body of legal literature discussing many aspects of franchise disclosure legislation in Canada. However, what is missing is a concise summary of some of the key areas of the disclosure process which, if not handled properly, can lead to devastating and unexpected consequences.
What This Webinar is Intended to Do
This webinar will provide a concise and pratical summary of the key areas of the disclosure process which, if not handled properly, can lead to devastating and unexpected consequences. Some of the information is directed to all preparers of disclosure documents, some to particular preparers and some to specific situations giving rise to the need to disclose.
What This Webinar is Not Intended to Do
This webinar is not a “how to prepare a franchise disclosure document”. Rather, it deals only with many of the critical topics in the disclosure process. Most of all, this guide is not intended to be legal advice for the audience or to replace the need to use other material in the preparation of franchise disclosure documents or for competent legal advice from a lawyer experienced in franchise law.
Edward (Ned) Levitt
Partner
Dickinson Wright LLC
Ned is one of Canada's leading authorities in franchising and distribution law. He has represented some of the world's foremost franchises, and provides legal services to Canadian and International clients on all aspects of Canadian franchise law. Additionally, from 2000-2007, he was General Counsel to the Canadian Franchise Association and is currently a member of the International Committee of the International Franchise Association.
To register for the webinar, click here.
