Franchise

Franchise opportunities and operations in Canada are significant and our franchise law services span the spectrum from initial structuring of new or expanding franchise systems, to ongoing operational advice and litigation, dispute resolution and advocacy where required.

We act primarily for franchisors, both local and international and Canadian master franchisees. We also regularly work collaboratively with franchise lawyers in other jurisdictions.

We have considerable experience in obtaining injunctions to preserve and obtain key evidence, enforce non-compete agreements, halt trademark infringements and passing off activities, or to enforce franchisee terminations.

Additionally, we advise and represent our clients on franchise agreements, area development agreements, employment and independent contractor agreements and confidentiality agreements. We regularly give advice on franchise disputes and the enforcement and termination of agreements, purchase and sale of individual franchises, real estate leasing and sub-leasing arrangements.

Industry Involvement

Our lawyers are active members of the American Bar Association Forum on Franchising, the Canadian Franchise Association and the International Franchise Association.

Representative Matters

We have assisted United States and Canadian franchise systems with intellectual property and e-commerce matters including registration and protection of Canadian trade-marks, copyright, trade secrets and confidential information, domain name registrations and disputes, website development and hosting, e-commerce applications and technology licensing agreements.

We have updated franchise agreements for a nation-wide fitness franchise.

We obtained an injunction on behalf of a financial services industry franchisor against its former franchisee, preventing the former franchisee from engaging in a similar business in the area for a 3 year period.

We obtained a consent judgment restraining a former franchisee from offering similar food and beverage products and services in the area for 2 years.

We have overturned an injunction that prevented the termination of a franchisee in the quick service restaurant business sector.