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Mediation Precondition in Arbitration Clause is Key to Limitation Period

Posted on Apr 25 2018

Authors: Ben Hanuka and Anthony Pugh, Law Works P.C. In PQ Licensing S.A. v. LPQ Central Canada Inc., an April 5, 2018 decision of Court of Appeal for Ontario, the franchisor, PQ Licensing S.A., appealed a decision of a judge, who in turn dismissed the franchisor’s appeal of an arbitrator’s decision. The arbitrator ruled that the arbitration was not time-barred by the Limitations Act, 2002, because mediation was a pre-condition to the arbitration and the limitation period only started to run after the franchisor requested mediation.

Court Dismisses Franchisor’s Injunction Application becaus...

Court dismisses franchisor’s injunction application because of weak evidence of irreparable harm
Posted on Apr 15 2018

Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka In 10313033 Canada Inc. v. 2418973 Ontario Inc.

‘Effecting’ the Transfer for a Franchise: What does it m...

Effecting the transfer for franchise agreement.
Posted on Apr 3 2018

Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka In franchise resales, i.e.

Franchisees’ right to associate: The good, the bad and the...

Businessman Pointing
Posted on Nov 10 2017

This article, written by Ben Hanuka, was originally published by The Lawyer’s Daily on November 8, 2017. Click here to view the published article.

No Summary Judgment in Complex AlarmForce Renewal Exemption ...

Business Woman
Posted on Oct 18 2017

Author: Evan Ivkovic, J.D., Law Works P.C. Editor: Ben Hanuka In Hepburn v AlarmForce Industries Inc.

Franchise Renewals: Introducing Material Changes to the Rene...

Posted on Aug 15 2017

​This article, written by Ben Hanuka, was originally published by The Lawyer's Daily on July 7, 2017, under the title “Courts struggle for...

Court Of Appeal In Pet Valu: Pre-Sale Disclosure Not Bad Fai...

Court Of Appeal In Pet Valu: Pre-Sale Disclosure Not Bad Faith Conduct
Posted on Feb 4 2016

On January 14, 2016, the Ontario Court of Appeal released its decision in the case of 1250264 Ontario Inc. v. Pet Valu Canada Inc.

Conflicts Between Franchise Agreements And Operating Manuals...

Franchise Agreements And Operating Manuals
Posted on Dec 10 2015

Note: This article, authored by Ben Hanuka, was published earlier this month in the US-based Hotel Business Review.

Changes To A Franchise System

Changes To A Franchise System
Posted on Aug 6 2013

What happens when the franchisor wants to implement a change to the franchise system, yet the franchise agreement does not contain some system...


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