By Chad Finkelstein
Q: What terms will a franchisor typically implement for the resale of a franchise? Chad says: While there are no ‘one size fits all’ transfer conditions for franchise agreements, there are a number of terms which are conventional enough to be considered industry standards.
By Chad Finkelstein
Q: What changes have been made to trademark laws in Canada? A: As part of the federal government’s omnibus budget legislation in 2014, amendments were introduced to Canada’s Trademarks Act, in part with a view toward harmonizing our intellectual property laws with those of the international community.
The U.S. National Labor Relations Board (NLRB) issued a ruling in a recent Browning-Ferris Industries case that, if consistent with an upcoming ruling in a McDonald’s case, could drastically change the franchise industry in the U.S. and Canada.
The Ontario government’s Making Healthier Choices Act (MHCA) is on its way to becoming law and will affect both Canadian-based and foreign food-service franchise systems.
By Chad Finkelstein Is it true British Columbia is getting its own provincial franchise legislation? Chad says:
Barring some unforeseen event, yes. Last year, the British Columbia Law Institute (BCLI) issued a consultation paper seeking input from franchise-sector stakeholders regarding possible franchise laws for the province.
By Chad Finkelstein Generally, a franchisee’s freedom to independently conduct local contests will be governed by the advertising provisions of the franchise agreement.
By Chad Finkelstein Q Why does a prospective franchisee need to work with a franchise lawyer? A: Franchise lawyers do not have any special designations or certifications, but by working primarily with clients in the franchising sector, they are well-attuned to the nuances of interpreting franchise law.
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