Franchise Law & Business Disputes Blog

Appellate Court Upholds Employment Non-Competition Clause

Posted on Sep 8 2015

In the 2014 split decision of the British Columbia Court of Appeal in Rhebergen v. Creston Veterinary Clinic Ltd., 2014 BCCA 97, the majority of the court upheld the enforceability of an employment liquidated damages clause. The decision is instructive not only in the employment context but also in franchise non-compete decisions where the standard of enforcement is less stringent. Key Facts The dispute arose between a veterinary clinic in the Creston, B.C.

The Appeal Decision In 1201059 V. Pizza Pizza

1201059 V. Pizza Pizza
Posted on Apr 10 2015

In the decision of 1201059 Ontario Inc. v.

Defences To Statutory Misrepresentation Claims ‎

Statutory Misrepresentation Claims
Posted on Nov 12 2014

A claim under section 7 of the Arthur Wishart Act (Franchise Disclosure), 2000, seeks damages for either (a) misrepresentation by a franchisor of...

A Comparison Of Franchise Rescission And Misrepresentation C...

Franchise Rescission And Misrepresentation Claims
Posted on Oct 4 2014

There are significant differences between a claim for rescission and a claim for misrepresentation under the Arthur Wishart Act (Franchise...

Top Five Franchise Termination Considerations

Five Franchise Termination Considerations
Posted on Jul 4 2014

If you are an existing franchisee within any franchise system operating in Canada, at one point or another you are bound to want to find out what...

Springdale Pizza: Another Franchise Resale Case Springs To L...

Springdale Pizza: Another Franchise Resale Case Springs To Life
Posted on Jun 22 2014

The recent Springdale Pizza decision of the Ontario Superior Court of Justice, released on June 6, 2014 (see 2147191 Ontario Inc. v.

Not All Complaints By Franchisees Are Legitimate

Not All Complaints By Franchisees Are Legitimate
Posted on May 9 2014

Identifying ‘material facts’ is important to franchisors and franchisees because all material facts are required under the Arthur Wishart Act...

Court Rules Franchise Release As Condition Of Resale Is Inva...

Court Rules Franchise Release
Posted on Feb 13 2014

The Ontario Superior Court of Justice released a decision in January 2014, involving Cora Franchise Group, 2176693 Ontario Ltd. v.

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