Franchise Law & Business Disputes Blog
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Ontario Court of Appeal Upholds Negotiated Releases in GM Class Action Dismissal

Posted on Sep 29 2017

On July 4, 2017, the Court of Appeal for Ontario released a decision in Trillium Motor World Ltd. v. General Motors of Canada Limited about an appeal from a dismissal of a class action trial against General Motors of Canada by a group of its terminated franchisees/dealers. In the trial, the judge dismissed the class action against GM on the basis that the terminated dealers signed releases in favour of GM as part of an overall termination agreement, and that those releases were legally valid.

Getting Out Of A Franchise Agreement: Termination And Damage...

Getting Out Of A Franchise Agreement
Posted on May 3 2016

The legal characteristics of a franchise agreement are different from normal commercial contracts in that they are “contracts of adhesion”.

Franchisor Cannot Enforce Restrictive Covenant In A Territor...

Franchisor Cannot Enforce Restrictive Covenant In A Territory
Posted on Apr 11 2016

The Ontario Court of Appeal released an interesting decision recently in a case involving the enforceability of a non-competition covenant in a...

Ontario Court Finds Homecare Franchisees In Contempt Of Inju...

Homecare Franchisees In Contempt Of Injunction Order
Posted on Jan 5 2016

Procedural Background In the case of 244674 Ontario Inc. v. Home Instead, Inc.

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...

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...

Discipline Of Mutual Fund Dealer Based On Franchise Breach

Discipline Of Mutual Fund Dealer Based On Franchise Breach
Posted on Dec 16 2013

In Re Maynes, 2013 CanLII 62252 (CA MFDAC), a disciplinary hearing by the Mutual Fund Dealers Association of Canada (“MFDA”), released on...

Terminating A Franchise: Practical Issues For Franchisors (P...

Practical Issues For Franchisors (Part I)
Posted on Sep 16 2013

The post termination covenants in the franchise agreement are key factors in a franchisor’s overall termination analysis.

Terminating A Franchise Agreement: A Primer

Terminating a Franchise Agreement: A Primer
Posted on Sep 8 2013

Terminating a franchise agreement, or getting out of the franchise relationship, is a legal result that franchisees and franchisors often seek.


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Ben V. Hanuka
Law Works P.C.