Franchising is big business in Canada. From traditional quick service restaurants and fast food outlets, to motor vehicle repair centres, drug stores, hotels, educational facilities, children's play centres, second-hand goods stores, convenience stores, donut shops, hair salons, tax services, and fitness centres, franchised businesses continue to expand in virtually every product and service industry.
With this rapid growth of franchising as a business model and with an increased public profile for litigation issues involving franchising, the practice of franchise law has become much more complex. Typically, a counsel to either the franchisor or the franchisee requires legal knowledge in many disparate fields including contract law, intellectual property law, competition law, real estate law, bankruptcy and insolvency, personal property security legislation, remedies and damages (including equitable relief), commercial litigation and class proceedings, and labour law.
This book, written by one of Canada's foremost franchise lawyers, lays out a clear roadmap guiding the reader through the twists and turns of the franchising relationship. The book will appeal to experienced franchise lawyers as well as to counsel new to the field. The full text of Alberta, Ontario, and Prince Edward Island franchising legislation is also included.
Table of Contents
Chapter 1: Introduction to Franchising
Chapter 2: Franchise Legislation
Chapter 3: Intellectual Property Law Issues in Franchising
Chapter 4: Competition Law and Franchising
Chapter 5: Business Practices
Chapter 6: Specific Provincial Legislation Affecting Franchising
Chapter 7: Tax Issues in Franchising
Chapter 8: Franchising in the Courts
Chapter 9: Future of Franchising
Appendix 1: Franchises Act, R.S.A. 2000, c. F-23
Appendix 2: Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000, c. 3
Appendix 3: Franchises Act, S.P.E.I. 2005, c. 36
Table of Cases
About the Author