By Frank Zaid
All Canadian franchise legislation is founded on two major principles. The first principle involves the requirement for a franchisor to provide a disclosure document—which outlines in considerable detail the franchise being offered—to the prospective franchisee, unless an exemption is available. The disclosure document must be delivered at least 14 days before any agreement is signed, subject to certain provincial exceptions, or any consideration is paid.
The franchisee then has a statutory right to rescind the agreement within two years, in the case of no disclosure, or 60 days, in the case of deficient disclosure, after the date he/she entered the franchise agreement. If the agreement is indeed rescinded, the franchisor is required to (a) refund any money received from or on behalf of the franchisee to him/her, other than money for inventory, supplies or equipment, (b) purchase any inventory, supplies and equipment at a price equal to the purchase price paid by the franchisee and (c) compensate the franchisee for any losses incurred in acquiring, setting up and operating the franchise, less the amounts paid for the inventory, supplies and equipment.
Read the full article: Q&A with Frank Zaid


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