As an example of the middle ground between a rescission claim on the one hand and no claim on the other hand, during the recent oral arguments of the appeal in the Raibex v. AllStar Wings in the Court of Appeal for Ontario, in October 2017, the esteemed bench repeatedly asked why
some claims by franchisees should not be made under section 7, rather than under the rescission remedy.
The same issues that drive these cases also drive many of
the claims by franchisees staff, management and government agencies against the franchiser.
After a nine - year legal battle, the Superior Court of Québec's Justice Daniel H. Tingley has ordered Dunkin' Brands Canada Ltd. to pay plaintiffs $ 16.4 million in damages and costs — exactly what was
claimed by the franchisees.
In case of termination of the franchise agreement, franchisors may face several
claims by the franchisee depending on the reasons for terminating the contract.
Not exact matches
Former head of the Australian Competition and Consumer Commission Allan Fels will lead an independent panel to receive and review
claims involving underpaid staff
by franchisees of 7 - Eleven.
«Corporations that exercise sufficient control over their
franchisees can not
claim ignorance,» said Catherine Ruckelshaus, general counsel and program director for the National Employment Law Project, in a Tuesday conference call held
by the organizations supporting the lawsuits.
That means franchisors, who have long skirted issues of minimum wage and employee treatment
by claiming responsibility rests solely in the hands of
franchisees, can now be held legally accountable
by workers.
Similar
claims have been made in recent months
by several Domino's
franchisees.
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It was written
by a former Petland
franchisee who
claims he lost his store when the city it was located in passed such a law.
LAWPRO is seeing an increase in
claims against Ontario lawyers
by franchisees and franchisors.
Defending
claims against lawyers in the current climate is an uphill battle:
Franchisees are often treated
by the courts almost as a «protected class» as judges seem to strive to make findings in their favour in disputes with franchisors over disclosure.
Successfully opposed attempt to certify proposed nationwide class action brought
by franchisees against franchisor alleging
claims for, among other things, fraud, negligent misrepresentation, and breach of contract.
Secured a discontinuance for a multi-national auto financing company in a Chancery Division action in New Jersey arising out of
claims by a potential
franchisee against a dealership, the vehicle manufacturer, the financing company and a potential...
In the first, the
franchisees claimed that the franchisor, Quiznos, attempted to increase the price of supplies charged
by the designated supplier, Gordon Food Service, through conspiracy, contrary to the Competition Act.
As noted
by way of an introduction to the critical statutory franchise rescission remedy in Ontario in a Law Works Franchise Justice Blog Post on September 8, 2013, «Terminating a Franchise Agreement: A Primer ``, if a franchisor fails to deliver a disclosure document as required under Ontario's Arthur Wishart Act (Franchise Disclosure), 2000 and its Regulation, General Ontario Regulation 581/00, a
franchisee is entitled to cancel (legally «rescind») the entire purchase of the franchised business from the start of the transaction, including all franchise and related agreements, and
claim a return of all his or her investment and losses.
To do so would constitute an unwarranted expansion of a duty owed to one class of plaintiffs and extend it to the fundamentally different
claim advanced
by the
franchisees.
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by BHGRE or its Affiliate
by BHGRE or its Affiliates.