Restaurant Franchise & Commercial Disputes
Extensive litigation experience in all types of restaurant franchise & commercial disputes
Restaurant franchise & commercial disputes
In the restaurant industry, franchise disputes frequently come up in the following areas:
- Renovation requirements
- Point of Sales (POS) upgrades
- Designated suppliers, food costs and supplier rebates
- Requirements to use online delivery apps and calculation of royalties
- Lease renewal terms
- Compliance with and changes to operating standards.
Who we help
We advise restaurant franchisors and franchisees, including master franchisees, multi-unit franchisees and area developers, about their rights and obligations. We provide representation as litigation and arbitration counsel in franchise and commercial disputes involving court litigation, private arbitration and mediation.
How we help
We have extensive litigation experience in common areas where disputes typically come up, including, but not limited to:
- Territory disputes
- Restrictions against competition
- Resales
- Changes to the franchise system
- Designated suppliers
- Approved products
- Sharing of rebates and discounts from suppliers
- Compliance with health and food standards
- Food safety issues
- Rent
- Adherence to the operating manual
- Terminations
- De-identification
- Customer lists
- And more
Additional restaurant franchise law services
We also provide representation in franchise negotiations and franchise sales and transfers, including, among others, drafting:
- Franchise Disclosure Documents
- Franchise Agreements
- Master Franchise Agreements
Restaurant industry segments
we serve
We help restaurant franchisors and franchisees in the following sectors, among others:
- QSR (Quick Service Restaurant)
- Casual Dining
- Bars
- Ice Cream
- Coffee
- Pop Ups
Law Works important restaurant industry cases
Noteworthy restaurant franchise court decisions where we acted as counsel include the following:
Non-compliance with Franchisor’s Certificate Requirements and Misrepresentations
Law Works represented the franchisor in this case, defending against a rescission claim brought by a franchisee. The Ontario Superior Court granted judgment for rescission to the franchisee against the franchisor and the franchisor’s associates on the basis that the franchisor’s certificate in the franchise disclosure document did not contain the required signature of the franchisor’s officer and director, and that another section in the franchise disclosure document, signed by the franchisor, contained misrepresentations.
Misrepresentation and Bad-faith Conduct in a Termination
Franchisees renewed the franchise agreement, unaware that the landlord and Country Style were involved in a significant dispute about the renewal of the head lease, and that Country Style had agreed with the landlord to terminate the lease. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000.
Materially Deficient Disclosure Document
The disclosure document did not contain key required components under the Arthur Wishart Act (Franchise Disclosure), 2000. The franchisee brought a court action to cancel (rescind) the franchise purchase and receive compensation. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000.
Subscribe & receive the guide of your preference
Subscribe to our newsletter by selecting the custom guide designed for your role.
* By entering your email, you agree to our Terms of Service + Privacy Policy, including receipt of emails. You can unsubscribe at any time.
Subscribe to our Newsletter
Receive periodic emails that we send to subscribers to stay current on franchise and commercial/real estate disputes