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Highlights
LEASING
The Common Sense Approach to "Notice" Under the Commercial
Tenancies Act
Taimi Olivia Williamson
Taimi Williamson examines a "common sense"
approach to be taken in regard to the notice requirement provided for in
section 19(2) of the Commercial Tenancies Act (Ontario) when
applied to a fact scenario where a franchisee is a party to a franchise
agreement with the franchisor, and is a tenant under a lease from a
company related to the franchisor. The author notes that a notice must
be certain and definitive, and cannot be ambiguous and lack the
certainty necessary to inform the tenant that its interests are at risk.
LITIGATION
A Quebec Superior Court Judgment on Financial Projections
and False Representations
Stephane Teasdale
Stephane Teasdale discusses the Quebec Superior
Court landmark decision in 9069-7384 Quebec Inc., Stéphane
Levesque and Christian Levesque v. Le Superclub Videotron
Ltée rendered this year dealing with financial projections
and representations made to a franchisee in the context of the opening
of a
new franchised store. The Judgment also considered the
obligations of the franchisee to seek information, counsel and to act
prudently and diligently.
AGREEMENTS
A Survey of Alternative Remedies to Termination
Leonard H. Polsky
Leonard Polsky examines the most usual clauses
included in franchise agreements as alternative means to deal with and
resolve disputes and defaults, without immediately resorting to
termination. The author also explores a number of other alternatives
which could be considered for inclusion in franchise agreements as
further alternative means to deal with and resolve disputes and
defaults.
ADMINISTRATIVE LAW
Running Contests in Canada – Rules Applying to
Franchisors
John L. Rogers, Christopher L. Bennett, R. David Spratley
Franchisors frequently offer contests to promote
brand awareness and increase sales. However, they should be aware of
potential liability, including criminal liability, for improperly
organized and ill-managed contests. Put bluntly, contests in Canada can
either be perfectly legal or they can give rise to a criminal offense
complete with jail time. Even if a particular contest is legal, a wide
variety of rules regulate how the contest can be run and advertised.
John Rogers, Christopher Bennett and David Spratley provide a review of
those rules.
Checklist
This feature will regularly examine and report on recent
developments affecting franchising and distribution., Lawrence M. Weinberg
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Board
Jean H. Gagnon
Editor-in-Chief
Jean H. Gagnon
Markus Cohen, QC
Markus Cohen Law Office
Peter Macrae Dillon
Siskinds Franchise Law Group
Anne-Marie Gauthier
Pouliot Mercure
Frederic P. Gilbert
Fasken Martineau DuMoulin LLP
Ellery C. Lew
Witten LLP
Leonard H. Polsky
Gowling Lafleur Henderson LLP
John L. Rogers
Davis & Company
Peter V. Snell
Alexander Holburn Beaudin & Lang
John M. Sotos
Sotos & Associates
Lawrence M. Weinberg
Cassels Brock LLP |
