Franchising in the Canadian courts

Article Abstract:

Several recent decisions by Canadian courts will have wide effect on all franchises operating there. A franchisor's failure to service a franchisee did not constitute a breach of agreement. Further, in this instance the franchisee was required to find relief in damages, rather than rescission of the franchise arrangement. Because the franchisor was regarded as holding the franchise premises in a constructive trust for the franchisee, franchisors should make sure the sublease documents do not allow the franchisee to retain tenant rights in the premises after the franchise arrangement is terminated.

Canada, Subtenants

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Comments on proposed federal regulation of franchising

Article Abstract:

The two bills proposed in the House to establish federal laws for franchising are a welcome corrective to the abuses which have become endemic in the franchising industry. Franchisees have been denied any equity in their businesses, giving the lie to the claim of business ownership offered by franchising. Franchisors' recourse to documents of disclosure does not prevent abuses, it only inoculates them against justifiable lawsuits. The proposed legislation grants equity to franchisees and guarantees other rights fundamental to franchising.

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The new Commission Block Exemption: a blurry roadmap for franchising in Europe

Article Abstract:

The authors discuss the European Commission's Block Exemption, which exempts certain categories of vertical agreements from franchising laws. The application of the exemption to practices common to American franchisers is outlined,.

European Union, Interpretation and construction, European Community law

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