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Searching Content indexed under Corporate/Commercial Law by Colin Pendrith ordered by Published Date Descending.
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Guidance From The Supreme Court Of Canada On Relational Contracts And The Duty Of Good Faith
In the recent decision of Churchill Falls (Labrador) Corp. v. Hydro Québec,1 the Supreme Court of Canada engaged in a discussion regarding franchise law in a non-franchise context.
Canada
21 Dec 2018
2
Sweet Success: Supreme Court Of Canada Denies Dairy Queen Franchisee's Leave Application
The Supreme Court of Canada has dismissed a former Dairy Queen franchisees' application for leave to appeal a decision affirming the franchisor's enforcement of a Mutual Cancellation and Release
Canada
21 Dec 2018
3
Sticky Fingers: Unclean Hands And Weak Case Undermine Dairy Queen Franchisee's Injunction
Following a two-day urgent application in the Supreme Court of British Columbia, Dairy Queen Canada Inc. successfully defended a franchisee's injunction to prevent Dairy Queen from enforcing the termination of a franchise agreement pursuant to a Mutual Cancellation and Release Agreement between the parties.
Canada
12 Oct 2018
4
Sweet Relief: British Columbia Court Of Appeal Upholds Mutual Cancellation And Release Agreement Between Franchisor And Franchisee
Franchisors can be reassured by a recent decision of the British Columbia Court of Appeal (Dairy Queen Canada, Inc. v. M.Y. Sundae Inc.) ...
Canada
9 Feb 2018
5
Mendoza v. Active Tire: Ontario Court Of Appeal Tightens Law On Franchisor Disclosure Requirements
Where a franchisor has more than one officer or director, section 7 of the regulations to the Wishart Act requires a disclosure document to be signed by two persons who are officers or directors.
Canada
19 Oct 2017
6
Just Desserts: British Columbia Finds In Favour Of Franchisor In Termination Case
The case concerned a franchisee with a lengthy history of failing to meet its obligations under the franchise agreement.
Canada
9 May 2017
7
Franchise Law E-Communiqué - January 2017
Whether it is a new calendar year and/or a new fiscal year, franchisors should now be considering updates to their Canadian franchise disclosure document (FDD).
Canada
8 Feb 2017
8
Ontario Court Focuses On Franchisee's Ability To Make An "Informed Decision" In Denying Rescission Claim
In Mendoza v. Active Tire & Auto Centre Inc., Justice Dow of the Ontario Superior Court of Justice appears to have put a new gloss on the test for rescission under section 6(2) of the Wishart Act.
Canada
1 Dec 2016
9
Ontario Court Of Appeal Shakes Up The Issue Of Restrictive Covenant Enforceability
This decision may cause franchisors to pause before seeking to enforce a restrictive covenant covering a territory that they do not plan to re-franchise.
Canada
19 Apr 2016
10
Capital Markets Report - November 1-30, 2014
The Canadian Securities Administrators published for comment proposed amendments aimed at streamlining the prospectus exemption for rights offerings by reporting issuers.
Canada
12 Jan 2015
11
Supreme Court Expands Obligations Of Good Faith And Honesty In Contract Performance
In Bhasin v. Hrynew ("Bhasin"), a decision released on November 13, 2014, the Supreme Court of Canada (the "Court") significantly changed contract law in Canada by expanding the reach of good faith as a source of contract obligations.
Canada
17 Nov 2014
12
Ontario Court Overturns Wrongful Termination Of Franchise Agreement By Franchisor
Justice Perell considered whether Virtualink, the franchisor of a franchise system offering "executive office suites," had unlawfully terminated ANC.
Canada
6 May 2014
13
Top Ten Canadian Franchise Law Cases And Developments Of 2013
As 2013 comes to an end, the Cassels Brock Franchise Group would like to take this opportunity to highlight the ten most significant franchise law cases and developments of the year.
Canada
21 Dec 2013
14
Ontario Court Strikes Several Franchisee Claims In Shoppers Drug Mart Class Proceeding
In a recent decision of the Ontario Superior Court of Justice, Spina v. Shoppers Drug Mart Inc., the Honourable Mr. Justice Perell heard a motion for certification of a franchise class action as well as a cross-motion by the defendant under Rule 21 to strike various elements of the plaintiffs’ amended statement of claim.
Canada
5 Apr 2013
15
Wake Up And Smell The Coffee: Summary Judgment Decision Dismissing Tim Horton’s Class Action Upheld On Appeal
In a big win for franchisors, the Ontario Court of Appeal recently dismissed the appeal of an important class action decision.
Canada
18 Dec 2012
16
Ontario Court Rejects Claim That Distributor Was A Franchisor’s Associate
The plaintiffs’ attempt to elevate a distributor and licensor relationship to that of a partnership or "franchisor’s associate" relationship was properly rejected by the court.
Canada
5 Oct 2012
17
Alberta Court Addresses Franchisee Renewal Rights
760437 Alberta Ltd. v Fabutan Corporation, a decision of Romaine J. in the Court of Queen’s Bench of Alberta, is a cautionary case for franchisors seeking to deny a franchisee their right of renewal.
Canada
5 Oct 2012
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