Merovitz Potechin LLP
Menu Contact

The Referred to Law Firm

877-612-1123

Franchise Law Archives

Franchise law issues continue between Tim Hortons and franchisees

Tensions between franchise owners and parent companies are not uncommon in business. Such tensions are behind serious franchise law concerns being raised by Tim Hortons franchisees in Ontario and throughout Canada. According to the Great White North Franchisee Association, a franchisee has been denied renewal of his agreement for one of his two Toronto restaurants.

Knowledge of franchise law can help with business discussions

Becoming a franchisee is a big decision that should not be taken lightly. One of the best ways to avoid future franchise law issues is by taking the right first steps when identifying, researching and choosing a franchise opportunity. These steps are important for all franchisees in Ontario, whether they are new to the business or they are familiar with the franchise system.

Ask questions and understand franchise law before buying

The decision to purchase a business is a complicated one. Ontario business people who are considering buying an existing franchise should be aware of franchise law before making this decision. They should also ask four key questions before deciding whether the sale is right for them.

"Summary Judgment and Evidence of 'Material Change' - Hepburn v AlarmForce"

In a recent case, Hepburn v AlarmForce, 2017 ONSC 6012 ("Hepburn"), the Ontario Superior Court of Justice considered the circumstances in which a "material change" may trigger the disclosure obligation in a renewal of, or extension to, an existing franchise agreement. The decision also addressed the evidentiary considerations engaged in the context of a motion for summary judgment.

New class-action case alleges franchise law violations

When the parent company of a franchise changes hands, it can cause a ripple effect through independently owned locations. While some changes and behaviour may be permitted under an agreement, franchise law gives owners certain protections and rights in Ontario. Several Tim Hortons franchisees have brought an $850 million class action lawsuit against their parent company, Restaurant Brands International Inc, alleging bullying and intimidation.

Tim Hortons faces franchise law disputes since cross-border sale

The coffee chain Tim Hortons is often advertised as a symbol of Canadian culture but has faced backlash from franchisees since its sale to Restaurant Brands International Inc. RBI, an American company with a Brazil-based majority owner, took over Tim Hortons in 2014. Franchisees claim that RBI implemented dramatic changes which negatively affected their operations, and many are pointing to franchise law and class-action suits to settle these grievances.

The Objective Approach to Rescission in Franchise Disclosure Cases - Mendoza v Active Tire & Auto Centre Inc.

Purchasing a franchise is a major business decision. The Arthur Wishart Act (Franchise Disclosure) ("the AWA") recognizes this fact and seeks to assist prospective franchisees by imposing strict financial and other disclosure requirements on franchisors. The legislation is aimed at ensuring that franchisees have sufficient information to decide whether or not they wish to enter into a franchise purchase transaction. If a franchisor fails to abide by the disclosure requirements contained in the AWA, then the franchisee may elect to "rescind" the franchise agreement altogether. Depending on the circumstances, the franchisee may also be entitled to damages.

Is a franchise a suitable business option for an entrepreneur?

Building a business from nothing can be a time-consuming process without guaranteed results. Many Ontario entrepreneurs start with a franchise of an already successful enterprise, hoping to skip the initial difficult years. However, purchasing a franchise comes at a price. In return for the franchisor's expertise, the franchisee (the person buying the franchise) typically pays a substantial price.

Email us for a response

Request A Consultation

Request A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an lawyer-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Merovitz Potechin LLP
300-1565 Carling Avenue
Ottawa, ON K1Z 8R1

Toll Free: 877-612-1123
Ottawa Law Office Map