Legal
Publications
Family business dispute helps to clarify law | Supreme Court clarifies tort of unlawful interference with economic relations
11-Mar-2014
Pay Your Credit Cards or Feel the Wrath of Their Interest
27-Jan-2014
Separating All Over Again: Mobility Rights in a Co-parenting Arrangement
13-Jan-2014
Bankruptcy Law and Your Driver's License: One (Exceptional) Way Around Paying for the 407 ETR
21-Dec-2013
You Have Two Years Before You're Cut Off From Suing Someone
16-Dec-2013
A Deal's a Deal, Even If It's With Your Siblings
06-Dec-2013
Settling disputes for guardianship of developmentally-challenged adult children
28-Nov-2013
Availability of Canadian Assets for Equalization and Support Payment
23-Nov-2013
Human Rights Applications Need to be Made Within a One-Year Period
20-Nov-2013
The Importance of Finality: Full and Final Releases are Final (with some exceptions)
18-Nov-2013
Rumble in the Courts: Separation Dates, Equalization and Income and Support Amounts - Mwanri v. Mwanri
14-Nov-2013
Mixing friendship and business - Arkilander v. Michasiw
13-Nov-2013
Legal Considerations When Setting or Changing a Dress Code in the Workplace
12-Feb-2013
OHIP Reimbursement Dispute: KA vs. OHIP
11-Feb-2013
The Role of Seller Property Information Statements
01-Feb-2013
Enforcement of Foreign Judgments in Ontario, Canada
30-Sep-2012
Shareholders Remedies in Canada 2012
04-Sep-2012
Is slipping on ice while walking from your car to a sidewalk an "accident" under SABS?
24-Aug-2012
Is there a Cause of Action for a Sports League only Providing $40,000.00 of Insurance Coverage for Quadriplegia?
23-Aug-2012
The Race/Speed Test Exclusion in Motor Vehicle Policies are Interpreted (Very) Narrowly
23-Aug-2012
Publications from
Judicial Update in Franchise Law (e-mail delivery of a disclosure document)
by David Gray
06-Jul-2012 8:00 AM

SCJ Decision by Justice Belobaba held that a franchisee who consented to the delivery of an otherwise compliant (agreed by the parties) Disclosure Document by e-mail rather than by registered mail or personal delivery could not rescind the franchise agreement pursuant to Subsection 6(2) of the Wishart Act.  

 

Justice Belobaba viewed the delivery of the Disclosure Document by e-mail as a minor breach of the Wishart Act following the decision of the OCA in Imvescor.  Howard Manis, David Gray, and Mauro Carabetta of Macdonald Sager Manis LLP acted for the franchisor.


"The Right Stuff": What to Look for When Buying a Franchise in Canada
by David Gray and Matthew Zuk
07-May-2012 8:00 AM

Disclaimer: This article is for information purposes only and should not be considered as legal advice.  It is strongly recommended that any prospective entrepreneur consult a lawyer in order to make informed decisions that could involve legal matters.

 

The franchise business model has become entrenched as a way of doing business across Canada in recent years and is being applied to new businesses and industries with great success, including hotels, fitness centers, gas stations, cleaning services, coffee shops and a wide variety of retail stores.  One of the strengths of the franchise model is that it can be applied to such a wide variety of businesses, so long as their operations can be replicated.


Doing Business in Ontario - In Brief
by David Gray
11-Apr-2012 8:00 AM

Disclaimer: This article is for information purposes only and should not be considered as legal advice.  It is strongly recommended that any prospective entrepreneur consult a lawyer in order to make informed decisions that could involve legal matters.

 

The following are some preliminary issues that must be considered by entities not resident in Ontario and Canada ("Non-Residents") when contemplating "doing business in Ontario."

 

Non-Residents will often facilitate their investment in Ontario by using their existing non-resident business to establish a "branch" of the foreign-owned parent organization in Ontario. Conversely, the Non-Resident may decide to create a new business corpo


New versus Resale Franchises
by David Gray
03-Apr-2012 8:00 AM

Disclaimer:
This article is for information purposes only and should not be considered as legal advice.  It is strongly recommended that any prospective entrepreneur consult a lawyer in order to make informed decisions that could involve legal matters.

 

There are two main components to a franchised business: the franchise relationship and the underlying business.  The interplay of these components becomes apparent when a person is faced with choosing to purchase a new franchise directly from the franchisor or to purchase an existing franchise from a franchisee. This article will briefly examine the differences of each option by highlighting the basic steps of a typical transaction.


The Basics of Franchising
by David Gray and Lauren Kenly, Student at Law
23-Mar-2012 8:00 AM

Disclaimer:
This article is for information purposes only and should not be considered as legal advice.  It is strongly recommended that any prospective entrepreneur consult a lawyer in order to make informed decisions that could involve legal matters.

 

The franchise concept has grown at such a remarkable rate within a wide industry spectrum that in the present business environment almost everyone is familiar with the term “franchise” or at least has come into contact with products and services that are offered by a franchise. Currently, over 50% of all retail sales in Canada are done through a franchise, which sales represent more than $60 billion annually. Franchising has become a convenient means of individual entry into the business worl


Brief Summary of Small Business Financing Options
by David Gray
09-Mar-2012 8:00 AM

Disclaimer: This article is for information purposes only and should not be considered as legal advice.  It is strongly recommended that any prospective entrepreneur consult a lawyer in order to make informed decisions that could involve legal matters.

 

When starting a business, the owner of the business can obtain funds from a variety of different sources.  In general, financing can be in the form of debt financing or equity financing or a combination of both.  The different characteristics of each type of financing will be considered to achieve the right mix of debt and equity for each individual business.


How Can A Franchisee Research A Prospective Franchisor?
by David Gray
02-Mar-2012 8:00 AM

Disclaimer: This article is for information purposes only and should not be considered as legal advice.  It is strongly recommended that any prospective entrepreneur consult a lawyer in order to make informed decisions that could involve legal matters.

As a prospective franchisee, evaluating a franchisor may seem a daunting proposition.  It is recommended that prior to expending resources (both time and money) negotiating with a franchisor, a prospective franchisee should learn about the reputation and background of the franchisor and the results of the franchise system to date.


Franchisor and Bankruptcy
by Howard Manis and David Gray
16-Feb-2012 8:00 AM

Discussing bankruptcy in relation to franchising almost seems counterintuitive. After all, franchising is an excellent way for a prospective entrepreneur to prevent those unfortunate circumstances because its business starts with an established brand, trademark and product from day one. Franchisors are also at an advantage because their expenses and responsibilities are distributed amongst a network of franchisees.

However, bankruptcy is a possibility in any business endeavour. As a prospective franchisee, you need to be aware of this potential obstacle, no matter how unlikely it is. This article will provide an overview of franchisors’ and franchisees’ rights and obligations in a bankruptcy scenario.


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