Publication
Michael Melvin & Patrick Kerr in The FranchiseVoice's Legal Digest
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March 7, 2018
By Michael Melvin, Partner at McInnes Cooper,
Patrick Kerr, Lawyer at McInnes Cooper
McInnes Cooper’s franchise lawyers stay up-to-date on legal developments in franchising – and help keep industry-members up-to-date. McInnes Cooper Franchise lawyers Michael Melvin and Patrick Kerr identify these recent legislative and caselaw developments in the franchising sector, and tell you what they mean to your business in The FranchiseVoice’s Legal Digest, Winter 2018 issue:
- Bill 154, Cutting Unnecessary Red Tape Act, 2017.
- The Ontario Court of Appeal’s decision that the franchisee did not rescind the franchisee agreement, overturning the lower court decision, in Raibex Canada Ltd. v. ASWR Franchising Corp.
- The Ontario Court of Appeal’s decision confirming the rescission regime under the Arthur Wishart Act is not a “net loss” Regime in 2122994 Ontario Inc. v. Lettieri.
- The Ontario Superior Court’s comments on multiple franchise disclosure issues in the rescission case of Giroux v. 1073355 Ont. Ltd.
- The Ontario Superior Court’s decision that the the principals of a franchise corporation were not subject to the the franchise agreement’s arbitration clause in Kanda Franchising Inc. and Kanda Franchising Leaseholds Inc. v. 1795517 Ontario Inc., Iftikhar Hossain and Parveen Hussain.
- The Alberta Court of Queen’s Bench decision that the franchisor was not liable for the master franchisee’s fraudulent actions in 1738937 Alberta Ltd. v. Fair Waves Coffee Inc. (Waves Coffee House).
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