Recent Ontario case considers potentially conflicting arbitration forum selection clauses
First introduced last fall, Saskatchewan’s Bill 149, The Franchise Disclosure Act, received Royal Assent on May 8, 2024 (the “Act”).[1] In doing so, Saskatchewan now joins British Columbia, Alberta, Manitoba, Ontario, New Brunswick, and Prince Edward Island as the seventh Canadian province to enact franchise-specific legislation.
A recent decision from the Federal Court of Australia may have far-reaching implications for franchise systems in Canada.
At this session, our panel of experts will provide a panoramic view of the evolution of automotive class actions across Canada, a review of best practices for managing disputes with distributors and franchisees, and
insights into litigation and disclosure obligations arising from automotive industry labour issues.
Details
Wednesday, November 29, 2023
The Ontario Court of Appeal considers the type of language in a dispute resolution clause which precludes the right to appeal an arbitration award.
Jayasena Management Corp. et al. v Savannah Wells Holdings Inc. et al. considers the franchise resale disclosure exemption under the Arthur Wishart Act.
The decision of the ONSC in Van Doorn v. Loopstra Nixon, 2023 ONSC 1782 provides a helpful overview of a Court's considerations when appointing an arbitrator.
A recent Ontario Court of Appeal decision considers the duty of good faith and honest contractual performance in the context of an asset sale involving ROFRs.
Case comment on 2788610 Ontario Inc. v. Bhagwani [2022] O.J. No. 778. Interlocutory injunctions in trademark and passing off cases.
A recent decision by the Ontario Court of Appeal provides more guidance on good faith.
Canada has announced a mandatory 2035 target for 100% ZEV sales. McMillan and McMillan Vantage Policy Group share what this may mean for OEMs, industry and more.
The SCC recently released its long awaited decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District.
Generally speaking, automotive OEMs, their independently owned dealerships and ultimate consumers all expect new vehicles to be sold from clean, attractive and modern facilities.
The authors discuss the Supreme Court of Canada's recent decision in C.M. Callow Inc. v. Tammy Zollinger et. al. regarding the duty of faith.
The Ontario Court of Appeal offers guidance on how courts should approach anti-SLAPP motions brought by defendants.
The Amendment to Ontario's franchise legislation coming into effect on September 1, 2020 brings changes that have been eagerly awaited by franchisors.
Ontario limitation periods and procedural deadlines will resume running on September 14, 2020.
Tips to help franchisors mitigate risks that may result from the COVID-19 pandemic and how to prepare for future emergency business interruptions
While disputes are an unavoidable risk of doing business, companies need to know how to protect their interests during this time of uncertainty.
New Vision Renaissance MX Ltd. v. The Symposium Café Inc confirms that Ontario Courts will uphold appropriately crafted releases given by franchisees.
Ontario Government made an order suspending limitation periods and procedural deadlines in proceedings in Ontario.
An Ontario Superior Court decision confirms that an unsigned certificate accompanying a Franchise Disclosure Document can constitute a fatal flaw entitling a franchisee to rescind the agreement.
The authors discuss two appeals to the Supreme Court of Canada regarding the scope and nature of the contratual duty of good faith.
The Ontario government recently established an advisory body called the Business Law Modernization and Burden Reduction Council.
The Ontario Superior Court recently confirmed that a franchisee is not entitled to sue for damages
In this interactive Q&A style webinar, members of our franchise and distribution team will provide an overview of the Canadian legal landscape and recent trends affecting franchise systems operating in Canada.
Several lawyers from McMillan’s Franchise Law and Distribution Group presented at the 18th Annual Franchise Law Conference held on October 18, 2018 in Toronto,
In PQ Licensing S.A. v. LPQ Central Canada Inc., the Court' decision hinged on the alternative dispute resolution provisions set out in the franchise agreement.
July 2018, a recent decision by the Ontario Superior Court gives guidance to when the courts will refrain from granting interlocutory injunctions to franchisees
The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall[1] holds that judges have no business
On January 25, 2018 the Ontario Court of Appeal released its eagerly-anticipated decision in Raibex Canada Ltd. v ASWR Franchising Corp.
Changes to Ontario's Franchise Legislation: Bill 154 Receives Royal Assent
Changes to Ontario's Franchise Legislation: Bill 154 Receives Royal Assent
Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases
Ontario Court of Appeal to Franchisors: "Comply with your disclosure requirements, or else..."
Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?
New Act Modernizes Ontario's International Arbitration Regime
We've Overpaid, Now What? OLRB Confirms Employers' Obligations in Addressing Pension Overpayments
Franchise Legislation has Arrived in British Columbia
A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract
From Franchisor to Joint Employer – Update on Potentially Increasing Liabilities of Franchisors for the Employees of their Franchisees
Big Changes Coming to Canadian Franchise Legislation
The long-discussed Franchises Act of British Columbia (the "Franchises Act") is making quick strides to becoming a reality.
Restructuring a Franchise in Crisis: Court Dismisses Former Dealers Class Action Against General Motors
The Supreme Court of Canada issued a landmark decision that dramatically impacts the obligations of all parties to commercial contracts in Canada.
The Essential Guide to Settlement in Canada