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Summary Judgment and Evidence of ‘Material Change’ in Franchise Dispute
In the case of Hepburn v AlarmForce, 2017 ONSC 6012 ("Hepburn"), the Ontario Superior Court of Justice considered the circumstances in which a "material change" may trigger the disclosure obligation in a renewal of, or extension to, an existing franchise...
Buyers Of Franchise Business Entitled To Detailed Information
Buying a franchise means making a large investment. Buyers should be aware that they have the legal right to comprehensive information about the franchise before the deal is finalized. The Arthur Wishart Act The government passed the Act in 2000...
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...
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)...
