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Published on: 18 Jan 2017 By

Raibex Canada Ltd. v ASWR Franchising Corp., Implications for Franchisors

Executive Summary and Client Advisory This case, decided late in the late Fall of 2016 and currently under appeal, is potentially highly problematic to franchisors who sign franchise agreements with prospects before a site has been selected. In essence, the trial judge found that doing so is…

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Published on: 17 Jan 2017 By

Franchising – Presale Disclosure Now Mandatory in British Columbia

For those franchisors offering, or planning to offer, franchises in British Columbia, please take note that effective February 1, 2017, you must now provide a BC-compliant disclosure document to all franchise prospects at least 14 days prior to signing any agreement relating to the franchise…

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Published on: 16 Jan 2017 By

Citizen Can’t Seek Damages for Alleged Breach of Charter Rights by Alberta Energy Board

A year after hearing the case, four out of nine judges of the Supreme Court of Canada have ruled in Ernst v. Alberta Energy Regulator that Ms. Ernst cannot make a claim for an alleged breach of her freedom of speech Charter rights by the Alberta Energy Regulator (“Board”). Further, the judge…

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Published on: 16 Jan 2017 By

Ontario Labour Relations Board Seeks Submissions on Possible Elimination of “White Areas”

The Ontario Labour Relations Board (the “OLRB”) is considering revamping how it geographically organizes construction bargaining units in Northern Ontario, and is seeking submissions from the public. Since 1980, the OLRB has consistently recognized bargaining units in the construction sector…

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Published on: 11 Jan 2017 By

Appeals court upholds ruling in franchise case

Siskinds franchise lawyer Peter Dillon was recently interviewed by AdvocateDaily.com regarding a recent decision from the Ontario Court of Appeal on whether the relationship between two parties constituted a franchise. Read the full article below. By AdvocateDaily.com Staff A recent decision…

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Published on: 4 Jan 2017 By

Fines for Failing to Properly Dispose of Asbestos Waste

On December 8, 2016 an individual was convicted for transporting asbestos waste, storing asbestos, and failing to comply with the conditions of a Ministry order contrary to the provisions of the Environmental Protection Act (“EPA”). The individual operated a business providing asbestos remov…

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Published on: 3 Jan 2017 By

Court of Appeal Hears Jurisdiction Motion in Airia Brands

In December 2016, the Ontario Court of Appeal heard an appeal in Airia Brands v Air Canada. The result of this appeal will have significant impact on the viability of global class actions commenced in Ontario and on the application of the real and substantial connection test in the context o…

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