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Franchise Law in Canada, 2nd Edition
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Franchise law is a broad and important practice area that has grown significantly over the past two decades. What used to be relatively parochial or reserved for dealing with large corporations is now mainstream and is a much more common type of commercial relationship. Franchised business are one of the largest industries in Canada, and represents a substantial sector of the economy. How the law governs these relationship is therefore an important consideration for franshiors and franchisees alike. However, reference materials on franchise law are limited – very few books on the topic focus on Canada, or, more specifically focus on the law emanating from the application and consideration of the statutory regimes now in force across Canada. Franchise Law in Canada fills the need for a comprehensive and accessible resource that is academically and doctrinally minded.
Now updated in its second edition, Franchise Law in Canada is a thorough, portable, hardbound treatise that discusses the developed and developing principles of franchise law, considers the legal principles created by the statutory schemes, and explains how franchise law interacts and intersects with the common law. National in scope, this book is an excellent and accessible overview of this evolving practice area and considers the range of possible approaches and interpretations. Franchise Law in Canada has been cited by Courts across the country, and continues to be a leading resource for both novice and seasoned franchise law practitioners.
Features of This Book
- Covers the history of franchise law, the aims and purpose of franchise legislation, essential components of the acts, and the relationship between common law and franchise law
- Examines the franchise relationship by exploring the definition of “franchise,” key differences between the provincial regimes, the broad scope of “franchise agreements,” the parties to a franchise relationship, and exempt relationships and arrangements
- Discusses the extensive and onerous pre-contractual disclosure obligations, and in particular the question: what are “all material facts” that must be disclosed, and how are franchisors to decide?
- Reviews the statutory duty of fair dealing and considers the extent to which the common law duty of good faith, which is expressly included in the statutory duty of fair dealing, is different or potentially broader – an ongoing subject of debate
- Considers the franchisee’s right of association and the right of action for breaches, in light of the little judicial discussion and analysis about what the scope and content of the right is to date
- Explores the franchisee’s broad statutory rights and remedies
- Canvasses some contract interpretation issues in the area of entire agreement clauses and restrictive covenants as well as how courts have approached injunctions in the franchise context
What’s New In This Edition
- Updated caw law and legislation since the 1st edition published in 2019
- Updated decisions and content considering the debate surrounding the interpretation and application of Raibex Canada Ltd v. ASWR Franchising Corp, 2018 ONCA 62
- Discussion of new legal developments defining the parties to the franchise agreement and the statutory duty of good faith and fair dealing
- New commentary on potential further changes and trends in the law across Canada
Who Should Read This Book
Franchise Law in Canada, 2nd Edition aims to be the go-to resource on franchise law that provides corporate/commercial, litigation and franchise lawyers, in-house counsel, students, judges, franchisors and franchisees with the comprehensive, up-to-date information they need to navigate the statutory framework.
Table of contents
Chapter 1: Introduction
Chapter 2: The Evolution of Franchise Law
2.1 A Brief History of Franchising
2.2 Introducing Legislation Across Canada
2.3 Aims and Purpose of Franchise Legislation
2.4 Essential Components of the Acts
2.6 The Common Law Franchise Relationship
Chapter 3: The Franchise Relationship
3.1 What is a Franchise?
3.2 Broad Scope of “Franchise Agreements”
3.3 Parties in the Franchise Relationship
3.4 The Nature of the Franchise Relationship
3.5 Exempt Relationships and Arrangements
Chapter 4: Disclosure Obligations
4.1 The Purpose of Disclosure
4.2 Pre-Contractual Disclosure
4.3 Form and Timing of Pre-Contractual Disclosure
4.4 Statements of Material Change
4.5 Exemptions From Disclosure Requirements
4.6 Ongoing Disclosure Requirements
4.7 Fatal Flaws
Chapter 5: The Duty of Fair Dealing
5.1 What is the Duty of Fair Dealing?
5.2 Content of the Duty
5.3 When the Duty is Breached
Chapter 6: Right of Association
6.1 What is the Right to Associate?
6.2 Interference with the Right
Chapter 7: Rights of Action and Remedies
7.1 Goals of Statutory Rights and Remedies
7.2 No Waiver of Rights
7.3 Forms of Dispute Resolution
7.4 Statutory Rights of Rescission
7.5 Statutory Claims For Damages
7.6 Ensuring Fair Dealing
Chapter 8: Other Elements of Franchise Contracts
8.1 Entire Agreement Clauses
8.2 Restrictive Covenants
8.4 Vicarious Liability
Appendix: Table of Concordance of Statutory Provisions
Table of Cases
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