Business Law

Does a Commercial Lease Need to be in Writing?

A commercial lease does not need to be in writing if the term of the lease is no more than three years from the making of the lease and the rent payable by the tenant equals to at least two-thirds...

By Merovitz Potechin on Monday May 2, 2016

Franchisor Cannot Terminate based on Unproven Allegations of Exploitation against Franchisee

Recently, in Golden Globe Pizza Inc. v. Domino's Pizza of Canada Ltd., 2015 BCSC 356, the B.C. Supreme Court granted an injunction sought by a franchisee to prevent the franchisor from terminating the franchise agreement based on unproven allegations of...

By Merovitz Potechin on Monday December 21, 2015

Franchisor’s Obligation to Disclose Lease Arrangements to Prospective Franchisees

Pursuant to section 5(4)(c) of the Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000 c. 3 (the "Wishart Act"), the franchise disclosure document that a franchisor provides to a prospective franchisee must contain "copies of all proposed franchise agreements and...

By Merovitz Potechin on Saturday October 24, 2015

Business Start-ups

Starting your own business can be quite exciting. It is the realization of your dreams coming true. However, there is also a tremendous amount of hard work behind the scenes in order to get started and we know that you...

By Merovitz Potechin on Thursday October 22, 2015

Is a Disclosure Document Required if a Franchise is being Assigned by the Franchisee?

Pursuant to subsection 5(1) of the Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000 c. 3 (the "Act"), franchisors must provide prospective franchisees with a disclosure document. However, subsection 5(7) of the Act exempts the franchisor from this requirement in...

By Merovitz Potechin on Monday August 17, 2015

Franchise Disclosure Documents in Ontario

Under the Arthur Wishart Act (Franchise Disclosure), 2000 (Ontario), franchisors are required to provide prospective franchisees with a disclosure document, which must include a certificate, certifying that the disclosure document: (a) contains no untrue information, representations or statements; and (b)...

By Merovitz Potechin on Monday July 13, 2015