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Health Care Franchises

Legal consultation, advice & representation to meet the unique challenges of the Health Care industry

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In health care industries, franchise and
commercial disputes frequently come up
in the following areas:

  • Exclusive territories
  • Customer lists
  • Authorized medical devices and services, equipment certification, restrictions on equipment usage
  • Required supervision of Regulated Health Professionals, professional qualifications
  • Lease disputes
  • Compliance with government regulations

Who We Help

We advise health care 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.

HealthCare

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
  • Professional allowances and royalties
  • Sharing of rebates and discounts from suppliers
  • Rent
  • Terminations
  • Adherence to the operating manual
  • De-identification
  • Customer lists
  • And more

Additional Health Care 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

Health Care Industry Segments We Serve

We help health care franchisors and franchisees in the following sectors, among others:

  • Health Care Retail – Pharmacy
  • Health Care Retail – Optical
  • Health Care – Medical Devices
  • Health Care Retail – Hearing
  • Health Care Retail – Medical and Cosmetic Services

Law Works - Important
Health Care Industry Cases

Noteworthy court decisions where we acted as counsel for health care franchises include the following:

Franchise Termination – Optical and Prescription Eyewear Retail Industry

Kanda Franchising Inc. and Kanda Franchising Leaseholds Inc. v. 1795517 Ontario Inc. (2017)

Case Synopsis

Law Works represented the franchisor in this case in a dispute with its franchisee. The underlying franchise dispute was about a termination of the franchised location, consequences arising from termination and whether the individual principals of the franchisee corporation were personally liable. The matter was heard in court over whether the case should proceed by way of arbitration.

Zoning Dispute Between Competing Dentistry Offices

Dr. Laura Iliagviev Dentistry Professional Corporation v. Vaughan (City)

Case Synopsis

We successfully represented a dental clinic in a zoning dispute with another dental offices in the same area about the minimum required number of parking spaces based on the municipal zoning by-law. We represented the challenging dental clinic in an appeal to the Ontario Municipal Board of the decision of the Committee of Adjustment of the municipality. The case resulted in a resolution approved by the Ontario Municipal Board.

Related Resources

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  • Franchisor|
  • Lawyer|

2018 Year in Review and Trends for 2019

Authors: Ben Hanuka and Robert Jones, Law Works P.C. 2018 was a busy year in Canadian franchise disputes. Based on the court decisions in 2018, the trend...

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Appellate Court Upholds Employment Non-Competition Clause

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...

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British Columbia Court Stays Action in Favour of Arbitration – Even Against Non-Signatories

Author: Anthony Pugh, Student-at-Law, Law Works P.C. Editor: Ben Hanuka In Northwestpharmacy.com Inc. v Yates, the Supreme Court of British Columbia released a noteworthy arbitration-related decision on...

Law Works Dispute Resolution Law Firm