Find Lawyers in Canada for Franchise Law
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Franchise Law - Canada
About this Practice AreaJoseph Adler is a senior corporate and commercial lawyer who assists clients in all matters related to their operations and transactions in Canada and a registered trade-mark agent. His particular emphasis is in franchising and distribution, intellectual property law and cross-border trade. Joseph serves as legal counsel for Canadian and US (and other foreign) franchisors doing business in Canada and Canadian franchisors doing business in the US, Europe and other jurisdictions. He also acts a...
Since 1978, Me François Alepin has carried on his law practice at the Alepin Gauthier law firm in Laval, which today includes approximately twenty lawyers and where he is in partnership with Me Brigitte Gauthier. He assists his clients, who for the most part are businessmen operating small and medium sized enterprises, in the drafting and analysis of all kinds of contracts touching upon their needs in the ordinary course of their businesses. This has led to his acting with respect to t...
David Altshuller is a partner at Teplitsky, Colson LLP. David has a broad based corporate/commercial litigation practice with an emphasis on franchise disputes, estate matters, shareholder disputes, insolvency/restructuring, construction disputes and property/leasing matters. When required, he can assemble and manage a team of lawyers across a variety of practice areas in order to deal with his clients' issues in a thorough and cost-effective manner. As part of his franchise practice, David a...
Joëlle Boisvert is the Managing Partner of the firm's Montréal office and a member of the firm’s national executive team. As an experienced commercial litigator, Joëlle counsels large national and international companies with regards to a variety of complex dispute matters. During her 25-year career, she has developed extensive experience in class actions and litigation pertaining to commercial and real estate law, including in the areas of franchising, as well as manuf...
Adrienne Boudreau is a partner at Sotos LLP. She joined Sotos after developing her career at a national law firm, where she had risen to the level of most senior associate. At Sotos, she provides expert legal and strategic advice to franchise businesses in the hotel, restaurant and grocery sectors. Her practice focuses on all areas of commercial litigation with an emphasis on franchise litigation and class actions. With her considerable experience before the courts, mediators and arbitral tri...
Allan Dick is a partner at Sotos LLP. He is a trusted primary advisor to many top franchisors, with more than three decades practising law in the franchising, licensing and distribution industry. He is recognized and consistently ranked (including in Band 1 of Chambers Canada and named 2020 Franchise “Lawyer of the Year” by the Best Lawyers in Canada) as one of Canada’s leading franchise litigators and has extensive experience at every level of court, including the Supreme C...
Lara Di Genova completed her articles at Teplitsky, Colson LLP and joined the firm as an associate following her call to the Ontario Bar in June 2013. Lara works directly with Ian Roher, David Altshuller and Eden Ifergan. She completed the University of Ottawa's National Program and received her LL.B/J.D. Lara was called to the Ontario bar in 2013.Lara's diverse litigation practice includes corporate/commercial litigation with an emphasis on contract and shareholder disputes, property/leasing...
Jean H. Gagnon is a mediator, arbitrator and counsel. Jean H. Gagnon has more than 40 years of experience as a mediator and arbitrator for the resolution difficulties and disputes between businesses, shareholders, partners, entrepreneurs, managers and professionals, as well as within business families. He is an accredited mediator (by the Barreau du Québec and the Institut de médiation et d'arbitrage du Québec) and an accredited arbitrator (by the Institut de média...
Frédéric Gilbert is an excellent litigator and Fellow of the American College of Trial Lawyers who specializes in franchise and real estate law. Frédéric is one of the most involved and recognized Canadian lawyers in the franchise industry. He regularly participates on different panels and authored the latest reference work on franchise law in Quebec. Frédéric successfully pleaded some of the leading franchise cases in Canada, including Dunkin’ ...
H. Todd Greenbloom's active general business law practice includes all aspects of franchising and licensing. "I have a general corporate commercial practice with an emphasis on working for clients that are in the franchise business," he says. His work in franchising and licensing includes preparation and review of franchise disclosure documents, purchase and sale of franchise systems, dealing with the financing of franchise acquisitions and competition and advertising issues arising in a fran...
Lloyd Hoffer is a civil litigator with experience in a broad variety of courts and administrative tribunals in multiple jurisdictions within Canada. He has a broad perspective not only on how judicial and administrative decision-makers actually make decisions, but also on how clients of differing needs and characteristics can best define and achieve their goals within the confines of judicial and administrative decision-making processes. Lloyd's case experience includes trials, appeals and ad...
Darrell Jarvis’s business law practice is focused on franchising, distribution, leasing and construction, with a focus on the retail and hospitality sectors. Darrell has extensive experience advising franchisors with respect to disclosure documents, franchise agreements, default enforcement, insolvent franchisees and the purchase and sale of franchised businesses. Darrell has extensive experience with respect to non-traditional franchises in highway facilities, hospital and educational ...
Richard Leblanc is a partner in the firm’s business law group. His practice focuses on business transactions including secured lending, acquisitions, and franchising and distribution law. Richard is a former executive of the Franchise Law Section of the Ontario Bar Association and is a member of the Legal and Legislative Affairs Committee of the Canadian Franchise Association. Richard leads the firm’s franchise and distribution law practice. Richard advises on all aspects of franc...
Glen Lekach is a well-regarded corporate and commercial lawyer with decades of experience in mergers and acquisitions, securities, real estate, commercial contracts, business structures, and secured lending. He has frequently been recognized by directories and third-party surveys for his expertise and client service. Glen acts as counsel to a diverse group of businesses across several industries, and he has been involved in many significant business transactions in Saskatchewan. Glen also reg...
Edward (Ned) Levitt is a partner at Dickinson Wright LLP, Toronto, Canada and a Certified Franchise Executive. He served as General Counsel to the Canadian Franchise Association from 2000 to 2007. Ned is a frequent lecturer at preeminent franchise events in Canada and the United States. As a member of the Ontario Franchise Sector Working Team, Ned was instrumental in the creation of Ontario’s franchise legislation and has had significant input in the franchise legislative process throug...
Martin Palleson practices in the areas of general commercial litigation, with an emphasis on insolvency and restructuring disputes. Martin also has significant experience in franchise, construction, and insurance litigation as well as environmental/natural resource law, and aboriginal law. Martin has appeared frequently at all levels of British Columbia and Federal Courts. Martin also has experience in alternative dispute resolution, including mediation and arbitration. Called to the British ...
James Renihan is a partner on our litigation and disputes team based in Toronto. He is a highly effective, creative, and skilled commercial litigator, with significant courtroom experience. James' practice encompasses a broad range of commercial and civil litigation matters. He has experience representing corporate and individual clients in matters involving contracts, director and officer liability, fraud, shareholder rights, commercial real estate and franchise relationships, as well as emp...
Judy Rost is a senior litigator practising in civil litigation with an emphasis on business and franchise disputes, and estate matters. Judy is the group leader of the firm’s Business Disputes and Franchise Practices and a member of the Intellectual Property + Technology and Wills, Estates + Trusts Practice Groups. She has acted for plaintiffs and defendants in all types of business disputes including shareholder, partnership, real estate, and franchise matters. Judy has been recognized...
Dan works with franchisors, master franchise owners and multi-unit franchisees. He helps franchisors expand across Canada and internationally and provides valuable advice on brand protection and on the myriad of laws regulating franchising. Dan is consistently recommended as an expert in franchise law by the Canadian Legal Lexpert® Directory and in the prestigious Who’s Who Legal: Canada. Dan was a two-time guest expert on CBC Television's Fortune Hunters, and was a franchise consul...
John Sotos is the founding partner of Canada’s largest franchise law boutique, Sotos LLP. He is recognized a dean of the franchising, licensing and distributing bar – a recognition that caps a 40-year career acting for franchisors regionally, nationally and globally. Today, he continues to provide counsel to franchisors in all aspects of their businesses, including in franchise system or distribution chain design and implementation, system restructuring, international and domestic...
Debi Sutin is a member of the Gowling WLG Franchise and Distribution Law Group and Business Law Groups. She counsels domestic and international franchisors and manufacturers in all matters pertaining to pertaining to their franchise and distribution arrangements throughout Canada. Ms. Sutin is a member of the Canadian Franchise Association, the American Bar Association Forum on Franchising, the International Franchise Association and an Executive Member of the Ontario Bar Association Franchis...
Peter Viitre is a partner at Sotos LLP and the leader of our Home Services and Retail practice areas. Working extensively with franchises in those sectors as well as clients in the automotive industry, he oversees all merger and acquisition transactions, primarily the purchase and sale of franchise systems including those with a cross-border component. Over his career spanning more than 20 years, Peter has advised clients in a wide range of industries including food and beverage, property ser...
John Yiokaris is a partner at Sotos LLP. He leads our firm’s automotive sector practice, drawing on his considerable experience working as lead counsel for one of Canada’s largest automotive manufacturers and numerous dealers. In addition to handling dealer development matters, he has acted in automobile dealership disputes and in proceedings under the National Automobile Dealer Arbitration Program. John also leads our trademark practice as a registered trademark agent and has ext...
Andrew T. Johnson practices in the areas of franchise, technology, and privacy law. Drew’s practice focuses on providing legal services to businesses involved in the manufacture and distribution of goods and services via franchising, multi-level marketing, and technology transfer, development, distribution, and licensing. Drew also advises clients on matters relating to cybersecurity, data protection, and privacy. Drew endeavours to find the best outcome for his clients in the most cost...
Franchise Law Definition
Franchising is a long-term legal and commercial relationship in which one party (the “franchisor”) grants another party (the “franchisee”) the right to sell products or services using the franchisor’s trademark(s), business systems and processes, in accordance with standards, policies and specifications prescribed by the franchisor, in exchange for certain up-front and ongoing fees and royalties. Franchise law is concerned with the structuring, development, maintenance and regulation of that relationship.
Franchising is regulated in Canada at the provincial level. Currently, five Canadian provinces have franchise legislation in place: Ontario, Alberta, Prince Edward Island, New Brunswick and Manitoba. While there are slight differences in the legislative and regulatory requirements of each province, they all contain the following basic elements:
- The requirement of the franchisor to deliver to each prospective franchisee a franchise disclosure document (or “FDD”) that includes all material facts, including the detailed requirements set out in the relevant provincial regulations, at least 14 days before the franchisee signs the franchise agreement or pays any money (the failure of which affords the franchisee powerful statutory remedies, including rescission);
- A duty of fair dealing that applies to both the franchisor and franchisee in their performance and enforcement of the franchise agreement; and
- A right of franchisees to associate with one another, without interference or punishment by the franchisor.
Franchise lawyers typically assist in the preparation and delivery of FDDs (or the review of FDDs prepared by others on behalf of prospective franchisees), the interpretation and enforcement of franchise agreements and related contracts, and the resolution of disputes among franchisors, franchisees, and other affected parties. They also provide strategic advice on all aspects of the franchise relationship. In some jurisdictions, such as the United States, franchisors are required to register and to file their FDDs with government regulators – franchise attorneys routinely assist with that process, as well.
Franchise lawyers are also regularly called upon to advise on various areas of substantive law, including contract, trademark and corporate law, secured transactions and leasing, as well as any specific laws governing the particular industry in which the franchised business operates – from food safety and handling, to transportation, to petroleum distribution. The franchise business model operates in virtually all sectors of the economy, and franchise lawyers must be prepared to advise their clients in all of these areas as part of a broad and multi-faceted business law practice.
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Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
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