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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.

Court stays proposed Ontario class action by Uber drivers in...

Woman greets ride share driver
Posted on Mar 1 2018

Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka In Heller v. Uber Technologies Inc.

British Columbia Court Stays Action in Favour of Arbitration...

Andertoons Cartoon
Posted on Jan 26 2018

Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka In Inc.

Individual Non-Signatories to Franchise Agreement Not Bound ...

debtor franchisor cannot escape paying out
Posted on Dec 28 2017

Author: Evan Ivkovic, Student-at-Law, Law Works P.C. Editor: Ben Hanuka In Kanda Franchising Inc. et al. v. 1795517 Ontario Inc.

The Reality of Franchise Rescission Summary Judgment Motions

Business Woman
Posted on Oct 15 2017

This article, written by Ben Hanuka, was originally published by The Lawyer’s Daily on October 11, 2017, under the title, “The Reality of...

Two roads to obtaining injunctive relief

Long Road
Posted on Dec 23 2016

This article originally appeared in the October 28, 2016 issue of The Lawyers Weekly. Click here to view the full article.

Arbitration Agreement Results In Stay Of Franchisees’ Clas...

Stay Of Franchisees’ Class Action
Posted on Feb 7 2015

In a recent Ontario franchise decision, 1146845 Ontario Inc. v. Pillar to Post Inc.

Franchise Arbitration Procedure

Franchise Arbitration Procedure
Posted on Aug 7 2013

Introduction  Many franchise agreements in operation across Canada contain an arbitration clause requiring that all or certain disputes between...

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