Leading Canadian
FRANCHISE & BUSINESS LAW FIRM

341 Pizza (Ahmed)

Full Case Name: Ahmed v. 3 for 1 Pizza & Wings (Canada) Inc. (2004)

This court decision was among the earliest reported franchise disclosure decisions after the passage of Ontario’s franchise legislation, the Arthur Wishart Act (Franchise Disclosure), 2000.

It was the first Ontario decision that defined the term “franchise agreement” to include an agreement between a sub-franchisor and a sub-franchisee, requiring the delivery of a disclosure document.

The franchisor attempted to circumvent the disclosure requirements under the Act by structuring the arrangement as a “management agreement” (rather than a franchise agreement) with a “manager” (rather than a franchisee).

The Ontario Superior Court of Justice held that the so-called “management agreement” contained the components of a franchise relationship under the Act, and that therefore it was a “franchise agreement” under the definition of the Act; and the “manager” was a “franchisee” under the Act.

As a result, the court held that the franchisor failed to provide to the franchisee a disclosure document, entitling the franchisee to a rescission of the arrangement and compensation for all his losses.

Back

Franchise Law Blog

Ontario Court of Appeal Upholds...

Posted by | 29 September 2017

On July 4, 2017, the Court of Appeal for Ontario released a decision in Trillium Motor World Ltd. v. Read More

Franchise Renewals: Introducing...

Posted by | 15 August 2017

​This article, written by Ben Hanuka, was originally published by The Lawyers Daily on July 7, 2017, under the title “Courts struggle for balance with material changes to... Read More

Court of Appeal for Ontario Provides...

Posted by | 14 June 2017

Authors: Evan Ivkovic and Jeff Nguyen, Students-at-Law, Law Works P.C. Read More

View All

What’s New

Ben Hanuka gives expert commen...

We are pleased to announce that the Globe and Mail sought our firm’s expert opinion about the intensifying fight in the Tim Horton’s franchise. Read More

Law Works Welcomes New Articli...

We are pleased to announce that Rann Wang has joined Law Works P.C. as an articling student. Rann obtained his J.D. from Tulane University Law School in the U.S., and LL. Read More

​​Article in The Lawyers D...

We are pleased to announce that The Lawyers Daily published an article by Ben Hanuka on July 7, 2017, titled “Courts struggle for balance with material changes to renewal... Read More

View All

Request Information

Please Fill out this form to request information

*By filling out this form you agree to be contacted by Law Works to receive emails pertaining to requested information. You can unsubscribe at any time, simply contact us or reply "unsubscribe" to our emails.

Law Works Lawyers | 855-978-5293|tel:855-978-5293 | 80 Kincort Street, 2nd Floor, Toronto, ON M6M 5G1 | https://www.lawworks.ca

Please select the DIAMOND and click the SUBMIT button

rolling
 Please wait...