June 7, 2022

Advising about Franchise Rescission Rights – Lawyers’ Obligations

Instructor Ben Hanuka Principal | Law Works

webinar Details

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1.5 Hours

$75.00 plus tax

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In this webinar, watch Ben Hanuka give an analysis of common issues for lawyers advising franchisees and franchisors about statutory franchise rescission rights.

The webinar will focus on lawyers’ obligations and best practices when advising about potential deficiencies in the franchise disclosure document and rescission rights and obligations under the franchise legislation, with a focus on advising prospective franchisees (before the franchise sale is completed), existing franchisees (after the sale is completed), and franchisors in both scenarios. The discussion will include typical scenarios and relevant court decisions.

This program has been accredited by the Law Society of Ontario for Professionalism hours:

This program contains 0 hours and 45 minutes Substantive Content
This program contains 0 hours and 45 minutes Professionalism Content

For Alberta lawyers, consider including this activity as a CPD learning activity in your annual Continuing Professional Development Plan.

In British Columbia, where only substantive content is accredited, the Law Society of British Columbia has accredited this program for substantive content for its full length.

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Five star rating

The topic was excellent in particular it covered a wide range of case law
in different provinces.

Ben’s style of presentation is more folksy, less stuffy than many CPD presenters making it more
enjoyable to watch. His choice of topics is timely.

It was a very good presentation, and we gained a lot
of knowledge on Franchising.

Your presentation was excellent. I found it informative,
and very practical.

The presentation was excellent. I find there is a real lack of materials
and guidance in franchising law.

What to Expect

This presentation will explore the applicable statutory provisions,
limitation periods and legal strategies relating to the following:

Areas of non-compliance in the franchise disclosure document (and other information disclosed in the sale process), and distinguishing between minor and fundamental disclosure failures (e.g., non-compliant financial statements, missing signatures on the franchisor’s certificate, piecemeal disclosure, leasing arrangements, material facts, etc.).
Misrepresentations and other failures to comply with disclosure obligations.
Basic due diligence investigations about the franchise system.
Avoiding conflicts of interest.
Identifying clients with unreasonable expectations.
Best practices for retainer agreements.
Joint retainers.

Statutory limitation periods for the delivery of a notice of rescission under either section 6(1) or section 6(2) of the legislation.
Franchisee strategies about raising disclosure and rescission rights.
Franchisor strategies about curing disclosure problems.
Waivers and releases of statutory rights and obligation as part of franchise settlements.
Limitation periods for the commencement of proceedings.
Elements of a franchise – whether certain businesses are deemed a “franchise” under franchise legislation – aspects of “significant control” or “significant assistance”.
Potential monetary exposure as a result of rescission – refunds and issues with proof of losses.
Restrictive covenants (e.g., post termination non-competition and non-solicitation obligations, etc.) in the context of a rescission.

Intended Audience

Lawyers from across Canada practising as:

Corporate/commercial and franchise solicitors

Commercial and franchise litigators

Franchise in-house counsel