New study of franchise territories – it’s not law, but still interesting
By Peter Dilon for AdvocateDaily.com A recent study conducted by Franchisegrade.com of the scope and extent of territorial protection granted by U.S. franchisors is of interest to anyone practicing in this area, whether for franchisors or franchisees. The study used as its source 654 franchi…
View the post titled New study of franchise territories – it’s not law, but still interestingFood labelling coming to a (franchised) restaurant near you
Here is a recent legislative development of interest that will impact the franchise community, at least in Ontario: the Making Healthier Choices Act, 2015, which received Royal assent on May 28, 2015. Note that the act comes into force on Jan. 1, 2017. The act requires that “owners and opera…
View the post titled Food labelling coming to a (franchised) restaurant near youOCA Clarifies Franchisor Disclosure Obligations
After getting off to a shaky start, the Ontario Court of Appeal seems to be finding its feet in the interpretation of franchisors’ disclosure obligations as mandated by the Arthur Wishart Act (Franchise Disclosure) 2000, S.O. 2000 c. 3, and its General Regulation. In the case of Caffé Demetr…
View the post titled OCA Clarifies Franchisor Disclosure ObligationsDisclosure Requirements Give Franchisees A Way Out – Video
Franchise lawyer Peter Dillon, spoke recently with AdvocateDaily.com and says that the courts tend to give franchisees a get out of jail free card due to the emphasis placed upon disclosure at the time of purchase. Click here to view the video.
View the post titled Disclosure Requirements Give Franchisees A Way Out – VideoTechnical non-compliance risky for Ontario franchisors
Toronto franchise lawyer Peter Dillon says courts have taken a highly technical approach to interpreting disclosure requirements, which has resulted in more franchisees being able to get out of deals. Dillon, partner at Siskinds LLP, says franchise legislation in Ontario, as well as four oth…
View the post titled Technical non-compliance risky for Ontario franchisorsPeter Dillon speaks with Advocate Daily
Franchise lawyer Peter Dillon recently spoke with Advocate Daily on why a recent Ontario Human Rights Tribunal case illustrates how courts and tribunals can get bogged down because of their failure to utilize summary procedures. Click here to view the full interview.
View the post titled Peter Dillon speaks with Advocate DailyBalance needed in franchise laws, judicial process
As judges have taken a technical and pro-franchisee approach to the interpretation of Canada’s franchise legislation, most recent developments have not proven positive for franchisors, franchise lawyer Peter Dillon says in Corporate LiveWire’s Franchise Law 2014 Virtual Round Table. “This ha…
View the post titled Balance needed in franchise laws, judicial processWhy do some franchisees fail while others thrive?
A recent article in The Wall Street Journal suggested that a number of prominent U.S. franchise brands are suffering higher than average default rates under the Small Business Administration (SBA) loan program. In fact, these brands had a failure rate more than double the rate for borrowers …
View the post titled Why do some franchisees fail while others thrive?Tribunal indecisiveness causes backlogs, increased costs
The Ontario Human Rights Tribunal (OHRT) recently refused to dismiss an employee’s human rights complaint against McDonald’s Restaurants of Canada Limited (MRCL) of discrimination based on family status and marital status. MRCL is the franchisor of the McDonald’s restaurant system in Canada.…
View the post titled Tribunal indecisiveness causes backlogs, increased costsPeter Dillon Speaks on Corporate LiveWire Round Table
Siskinds partner Peter Dillon joined seven other experts to discuss the latest changes and developments in Franchise Law around the world.View the virtual round table
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