“Our franchise clients benefit from our extensive experience advising franchisors, master franchisees and franchisees across a wide variety of industries. Put simply, we understand the issues involved in establishing and maintaining an effective franchise.”
Since 2001, we have provided legal advice to local, national and international based franchisors and franchisees. We understand that the role of a franchise lawyer is to assist our clients protect and maximize the return on their investment. Our clients appreciate having us as their lawyer, always ready with in-depth knowledge of business laws and franchise laws.
In addition to franchise laws and business laws, we offer expertise in other areas applicable to successfully operating a business in Canada. From consumer protection laws, to employment laws to collections, our clients get the support they need to make great decisions for their franchise businesses.
Areas of expertise include:
- preparing franchise agreements, disclosure documents, leasing documentation (including sub-leasing and licensing), employment contracts and supply contracts;
- advising on commercial aspects of setting up a franchise, intellectual property issues (including branding), operational issues and advising on regulatory compliance;
- advising on compliance with dispute resolution procedures, drafting default notices and acting and advising in mediation and litigation;
- advising franchisors on their day to day operational issues including their relationship with franchisees, leasing, employment and branding issues;
- advising and acting in relation to disputes between franchisors and franchisees in mediations and litigation, specifically regarding: payment of fees; reconciliation and reporting requirements; attainment of minimum turnover levels; protection of the franchisor’s intellectual property (such as brand and customer base) and goodwill in the franchised business, trademarks and copyright; and disputes under provisions of disclosure documents and under the Arthur Wishart Act (relating to misleading and deceptive conduct, false representation allegations);
- structure reviews (from a legal, taxation or asset protection perspective);
- Occupational Health and Safety assistance;
- compliance with the Arthur Wishart Act and similar legislation in other provinces;
- strategic advice and acquisitions / divestment of franchises.
Examples of our past legal services to franchise clients include:
- advising national franchisors with locations across Canada;
- advising national franchisor with buyout offer from one of Canada’s largest franchisors;
- working with clients to create new franchise systems, from one location to locations across Canada.