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…Continue reading the post titled Raibex Canada Ltd. v ASWR Franchising Corp., Implications for Franchisors
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…Continue reading the post titled Franchising – Presale Disclosure Now Mandatory in British Columbia
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…Continue reading the post titled Citizen Can’t Seek Damages for Alleged Breach of Charter Rights by Alberta Energy Board
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…Continue reading the post titled Ontario Labour Relations Board Seeks Submissions on Possible Elimination of “White Areas”
Application Of Biosolids On Farmland Successfully Defended
A recent decision reiterates the importance of credible expert evidence in litigation relating to contaminated property. The Plaintiff claimed that well water on her property was contaminated as a result of the application of municipal sewage (biosolids) waste to the neighbouring farmland ow…Continue reading the post titled Application Of Biosolids On Farmland Successfully Defended
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…Continue reading the post titled Appeals court upholds ruling in franchise case
Nearly $1 Million in Fines For PCB Related Offences
On December 20, 2016, the federal government obtained a fine of $975,000 for improper handling of electrical equipment containing polychlorinated biphenyls (PCBs) against a Montreal property management firm. The Montreal firm and seven associated companies pled guilty to a combined 52 charge…Continue reading the post titled Nearly $1 Million in Fines For PCB Related Offences
Resignation: Can You Take it Lying Down?
Say you’re an employer facing the prospect of being overstaffed. Some managers have recently left your employ but their support staff remain. You meet with one of your employees to discuss some upcoming changes to their job description in light of this impending over staffing. They are upset…Continue reading the post titled Resignation: Can You Take it Lying Down?
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…Continue reading the post titled Fines for Failing to Properly Dispose of Asbestos Waste
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…Continue reading the post titled Court of Appeal Hears Jurisdiction Motion in Airia Brands
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