Learn about key recent decisions that are essential to understanding if, when and how you can use injunctions to protect your business.

In this session, we will explore: 

•    The key elements of obtaining injunctions to enforce your contractual agreements; 
•    Recent court decisions regarding franchise-related injunctions and how they impact the existing legal landscape. 
•    Practical tips to improve your chance of success on injunctions by way of contract drafting and evidence preparation. 

Growth of a franchise network in the province of Quebec is offering some challenges for Canadian franchisors from time to time.

In addition to a different legal system and the absence of specific laws on franchising, the adoption of, or modification to a number of laws in the province of Quebec during the last year has brought its share of questions and concerns for franchisors already established in the province or wishing to develop their network.

In this session we will navigate through the updates and recent developments relating to the Charter of the French Language since the assent of Bill 96 in June 2022, and we will highlight the new requirements arising from An Act to modernize legislative provisions as regards the protection of personal information (Bill 64 - Act 25), some provisions of which come into force in September 22, 2022.

Learning highlights:

• Translation requirements of contracts and other material;
• Obligations relating to display of trademarks on signage and products and language of commerce and business;
• Franchisor’s obligations versus Franchisee’s obligation under the Charter of the French Language;
• Obligations relating to the appointment of a privacy officer, reporting obligations in case of confidentiality incident, privacy impact assessment and right to communicate without consent when concluding a commercial transaction.
   

Advising a franchisor for an eventual exit is different from regular advice with respect to the franchising program. It requires deep understanding of the client’s operations, which will likely result in (re)structuring to maximize the disposition value of the system.

Structuring (or restructuring) in preparation for eventual exit/investment can pay huge dividends for the vendors. A robust corporate structure, solid legal documentation along with a strong corporate team and first rate information systems, where everyone is making money, will attract strategic and financial purchasers offering high valuations. As a franchise lawyer, learn the key building blocks that will put your franchisor clients in the best position when they decide to divest.

The panel will provide practical business and legal considerations for expanding into these markets via franchising, including: a brief synopsis of the franchise industry in each jurisdiction (hot industries, trends, challenges, hot topics), key legal/regulatory requirements (franchise disclosure, registrations, preparing franchise agreements, ancillary and other core legal and operating documents, compliance with local laws etc...) to establish, operate and grow a franchise business in each jurisdiction, and best practice tips to adopt and traps to avoid for successful market entry and expansion for franchising in Canada.

This session will focus on the practical lessons we have learned over the last two years as well as best practices for franchise disclosure compliance with recent case law moving forward. It will focus on two basic questions with difficult answers: (1) How should we be disclosing? (2) What should we be disclosing

Session includes implications of the various market forces now faced including Supply Chain disruptions, inflation, soaring fuel and food costs and the Ukrainian war, such as: 

• Franchisee Self-help in buying outside of system or amending offering
• Monitoring and enforcement rights/considerations.
• Managing regional disparities
• Options for Franchisor support/subsidization
• Systemic change