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Vetting a franchisee goes beyond the written applications
As a lawyer to the franchise industry, more often than not I hear from franchisors and franchisees when they’re having a problem with one another, which makes it easy for me to overlook all the...
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Whose customers are they?
My wish for all of you this holiday season is increased sales. May your franchise relationships be strong and your new customers plentiful. And since you’d probably like to make sure these aren’t...
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Why Baby Boomers are making franchises a part of their retirement plans
Jerome Pulcine had an eye to retirement last April when he bought the rights to convert his existing decorating business into a franchise and hold the master franchise rights in Ontario for Decorating...
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What do you mean there’s no trademark?
There are lots of reasons why you might want to become a franchisee, but foremost among most franchisees reasons is the power of the brand. Sure, you could start your own home healthcare business or...
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When it’s over it’s over
Last month, the franchisee in Robert Moore Pharmacy Ltd. v Shoppers Drug Mart Inc. sought an order removing Shoppers and its representatives from the Uxbridge, Ont., store and reinstating Mr. Moore as...
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Think outside the box for new franchise opportunities
In traditional bricks-and-mortar franchising, most of the opportunities available to franchisees are generally in malls, strip plazas, power centres or storefronts. The potential for the success of...
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Famoso pizza joins a menu of Serruya franchise brands
If anybody knows what it takes to build a Canadian business idea into a global franchise brand, it’s the Serruya brothers — Michael and Simon. They now run a private equity fund with a hand in all...
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When it comes to fair dealing, changing the facts won’t make it so
Courts will take a dim view of a franchisee’s attempts to re-write history to support a claim for breach of the duty of fair dealing, as demonstrated by the Ontario Court of Appeal, recently. In...
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Couche-Tard turns to franchisees as organized labour steps up efforts to...
MONTREAL — Alimentation Couche-Tard Inc. is quietly moving to franchise an unknown number of its owl-logoed convenience stores in Quebec as it stares down an effort by organized labour to unionize its...
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Does a franchisor have a post-sale duty to disclose?
Last week I attended the Canadian Franchise Association’s Law Day in Toronto where there was record attendance. Disclosure continues to be a huge topic in Canadian franchise law. It’s clear that...
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Even a profitable franchisee can rescind
Why would a franchisee whose franchise is generating a profit go to the trouble of rescinding its franchise agreement? There could be any number of reasons. Maybe the franchisee expected to generate...
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In defense of franchising, even in a small community
It was recently reported that the town council in the Banff, Alta., is considering passing a bylaw to limit the number of franchised restaurants and retail stores permitted to be developed within its...
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Franchise stories thin on content, details
Great Canadian Franchise Stories: Celebrating Canada’s Top Franchisors’ Success Stories Felicia Pizzonia with Dawn Mucci TUPH Canada Inc. 2013, $34.97 160 pp Great Canadian Franchise Stories looked...
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How a side operation can win over franchisees to accept change
Sometimes franchising a concept makes sense. Other times, having an independent operation on the side can bring some good synergies to the franchise mix. A perfect case in point is Toronto’s Black...
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These 10 commandments could keep you onside of franchise law
With the Passover holiday upon us, it got me thinking on what lessons the story of Moses can teach businesses in the franchise industry. While the penalties for acting unreasonably or offside franchise...
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In franchise litigation, timing may be everything
When it comes to franchise litigation, franchisors and franchisees, like all other prospective plaintiffs, don’t have an indefinite time in which to start a lawsuit against each other. In Ontario, the...
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Franchisees’ social media efforts may help you rise to the top
In the first blog I wrote for FP Entrepreneur in October, 2010, I gave some advice about the importance of franchisors developing social media policies when letting their franchisees operate their own...
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Why Menchie’s frozen yogurt chain is expanding rapidly in Canada
When Boris Lee travelled to California in 2011 with his family and discovered Menchie’s frozen yogurt, he was inspired by the friendly atmosphere, self-serve format, and delicious frozen treats....
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The ethics of franchise law
At the April 3 dinner meeting of the Ontario Bar Association Franchise Law Section, the topic of ethical issues for franchise lawyers was addressed. This was Round 2 of a thought-provoking program...
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The costs of franchising a U.S. brand in Canada rests with the franchisee
The International Franchise Association’s Legal Symposium takes place in Washington this week, which got me to thinking about the various U.S. brands that have made their way to Canada, or are looking...
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