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Franchise or Trademark License?
Franchises are sometimes presented under the guise of trademark license agreements in an attempt to avoid the requirements of the Arthur Wishart Act, which protects franchisees by imposing strict disclosure obligations on franchisors and giving rescission rights to franchisees where...
Ontario Not-for-Profit Corporations Act – Anticipated for 2016
Ontario's Not-for-Profit Corporations Act (ONCA) provides a modern legal framework for not-for-profit corporations, including charitable corporations. It sets out how not-for-profit corporations in Ontario are created, governed and dissolved. Once the ONCA is in force, existing not-for-profit corporations will have...
Time is Running Out for Not-For-Profit Corporations to Continue Under the New Canada Not-For-Profit Corporatio
Tick tock...time is running out. This summer Corporations Canada has been actively reminding federal corporations that are currently incorporated under Part II of the Canada Corporations Act (CCA) that they have to continue (transition) under the new Canada Not-for-profit Corporations...
Are you ready for the new Canada Not-for-profit Corporations Act?
As many of you may know, the federal government brought into force the Canada Not-for-Profit Corporations Act (CNCA) on October 17, 2011. The CNCA is a comprehensive piece of legislation that is designed to provide organizations with a more modern...
The Requirement to Customize Franchise Disclosure Documents
It is no longer sufficient for a franchisor to provide prospective franchisees a generic disclosure document. Ontario courts have determined that disclosure documents must be customized to include specific material facts about the actual franchise being granted if such site-specific...