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Canada Franchises

Cozen O'Connor

Getting Ready for Canada’s Upcoming Ban on Wage-Fixing & No-Poach Agreements

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Wage-fixing and no-poach agreements will be illegal and subject to criminal penalties and damages actions in Canada as of June 23, 2023, as part of a package of amendments to the Competition Act passed in 2022. The new...more

Lathrop GPM

Global Franchise Regulation Update - March 2022

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New Standard Contract Language for Data Transfers Facilitates Lawful Personal Data Transfers to/from EU and U.S. - In response to the EU Court of Justice Schrems II opinion, which declared that the former EU-US Privacy...more

Cozen O'Connor

The State AG Report – 2.10.2022

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Baby Food Manufacturer Agrees to Reduce...more

Bennett Jones LLP

A Clarified Approach to Pure Economic Loss Claims

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In November 2020, the Supreme Court of Canada released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc. This is an important decision clarifying the analytical approach to the duty of care analysis in negligence...more

Dickinson Wright

Amendments to the Arthur Wishart Act, 2000

Dickinson Wright on

On July 16, 2020, the government of Ontario announced that amendments to the Arthur Wishart Act (Franchise Disclosure), 2020 (the “Act”) and to its General Regulation (the “Regulation”) will be brought into force on September...more

Miller Canfield

Operating a Franchise Through COVID-19: Considerations for Franchisees

Miller Canfield on

At the beginning of 2020, you were operating a successful franchise – you had a steady stream of customers, happy employees, and royalty and ad fund payments were regularly submitted on time. It was smooth sailing until...more

Dickinson Wright

Franchising in Canada: 2020 and Beyond

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As the 2020 New Year starts to take shape and we begin a new decade, it is natural to wonder about how things will change and what will remain the same....more

Littler

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

Littler on

A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more

Dickinson Wright

Are Canadian Franchises Ready to Expand Internationally?

Dickinson Wright on

Historically, Canadian franchisors have not ventured into foreign markets in great numbers.  When they have, it has mostly been to the massive, franchise savvy, U.S. market, with very mixed results....more

Dickinson Wright

Key Business and Legal Considerations for Franchising Retail Cannabis Distribution

Dickinson Wright on

The movement towards the legalization of recreational cannabis has been greeted by the business world with the raptures reminiscent of the U.S. gold rush of the 19th century and the worldwide dot-com fixation of the 20th...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | February 2018

Cooke Aquaculture Fined $332,000 For Puget Sound Salmon Pen Collapse - The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen...more

Bennett Jones LLP

The Court as a Collection Agency

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Security for judgment is an exceptional remedy only granted in exceptional circumstances. The court prefers to leave debt collection under the auspices of the Civil Enforcement Act. Nevertheless, exceptional circumstances do...more

Blake, Cassels & Graydon LLP

Superior Court of Québec Confirms Validity of Percentage Royalties Paid by Pharmacist-Owners to Franchisor

The Superior Court of Québec (Court), presided by Justice M. Monast, recently ruled on an important point of contention for franchise pharmacies, by confirming the validity of a percentage royalty clause contained in a...more

Blake, Cassels & Graydon LLP

Now in Effect: British Columbia’s Franchises Act

On February 1, 2017, British Columbia’s Franchises Act (B.C. Act) and Franchises Regulation (Regulation) came into force. Although the B.C. Act follows other provincial franchise legislation closely, including with respect to...more

Dickinson Wright

BC Finalizes Franchise Laws

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British Columbia has released the anticipated regulations to the previously enacted Franchises Act (BC). The Franchises Act (BC) will come into force on February 1, 2017, at which time British Columbia will be the sixth...more

Blake, Cassels & Graydon LLP

Let’s Eat: New Calorie Disclosure Requirements Coming to an Ontario Restaurant Near You

Big changes are coming to Ontario’s restaurant landscape. As of January 1, 2017, the Healthy Menu Choices Act (Act) will require food service chains with 20 or more locations in Ontario to disclose calorie information for...more

Littler

Canada: Time for Submissions Soon Expiring in Ontario under Changing Workplace Review

Littler on

As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the Ontario Labour Relations Act (“LRA”) and Ontario Employment Standards Act,...more

Dickinson Wright

Electronic and Courier Delivery Coming to Ontario

Dickinson Wright on

After long anticipation from the franchise industry, the government of Ontario has finally amended regulations under the Arthur Wishart Act (Franchise Disclosure), 2000 (“Act”) to expressly allow a franchisor to deliver its...more

Blake, Cassels & Graydon LLP

Legislative Update: Electronic Disclosure to Prospective Franchisees Coming to Ontario July 1, 2016

Effective July 1, 2016, Ontario will permit disclosure documents required under the Arthur Wishart Act (Franchise Disclosure), 2000 (Act) to be delivered electronically to prospective franchisees. The Act provides that a...more

Dickinson Wright

Franchise & Distribution News, Number 2

Dickinson Wright on

Ontario Passes New Legislation Governing Tips and Gratuities - Ontario restaurants, bars and other businesses with employees who receive some of their pay through tips and gratuities will face new laws governing how...more

Dickinson Wright

[Webinar] Franchise Disclosure Compliance: The Nuts & Bolts - Canada - January 19, 1:00PM EST

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Please join us for Franchise Disclosure Compliance: The Nuts & Bolts a webinar highlighting many of the “must do” or “must consider” matters for compliance with franchise disclosure legislation in Canada. ...more

Dickinson Wright

British Columbia (Canada) Introduces Uniform Franchise Legislation, Could Take Effect in 2016

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The British Columbia (Canada) government has introduced a bill that will make it the sixth province in Canada to regulate franchising along with the provinces of Alberta, Ontario, Manitoba, New Brunswick and Prince Edward...more

Dickinson Wright

Franchise and Distribution News - January 2015

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TAKE ACTION NOW TO AVOID UNEXPECTED STATE TAX LIABILITIES - Traditionally, nexus for state income tax liability has required some type of physical presence or continuous contacts by the franchisor/distributor with a...more

Dickinson Wright

Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect on July 1st

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Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been...more

Dickinson Wright

British Columbia Law Institute Issued Its Report Recommending The Passage Of A Franchise Specific Statute For British Columbia

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Yesterday, the British Columbia Law Institute issued its report recommending the passage of a franchise specific statute for British Columbia. Much of what is being recommended follows the lead of the other 5 provinces with...more

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