MGDC and its affiliates claimed that their arrangement with Authentic Brands Group LLC was itself a «franchise agreement» under Ontario's Arthur Wishart Act (Franchise Disclosure), 2000, and that they were entitled to a rescission (cancellation) of the arrangement because they had not been provided
with a franchise disclosure document.
Not exact matches
No offer or sale of a restaurant will be made except by a
franchise disclosure document first filled and registered
with applicable state authorities.
Moreover, we will not offer or sell
franchises in those states until we have registered the
franchise (or obtained an applicable exemption from registration) and delivered the
franchise disclosure document to the prospective franchisee that complies
with applicable law.
A
franchise offering can be made by us only in a state if we are first registered, excluded, exempted or otherwise qualified to offer
franchises in that state, and only if we provide you
with an appropriate
franchise disclosure document.
Pay close attention to the
franchise disclosure document and whether other franchisees are working
with the same terms.
Failure on the part of the franchisor to comply
with disclosure obligations provides the franchisee
with an extraordinary remedy — it allows a franchisee to rescind the contract within two years and to obtain the return of its investment in
franchise fees, inventory and equipment costs.
Frith says it's becoming increasingly challenging to comply
with the
franchise legislation in Ontario and have confidence a
franchise disclosure document is compliant.
He recently set new law
with respect to Ontario litigation procedure, upheld on appeal new
franchise law relating to what rescission rights are available when a
disclosure document is provided by e-mail, and set new
franchise law at the intersection of the Wishart Act and the Personal Property Security Act.
Arbitrated and mediated matters in connection
with breach of contract, mergers and acquisitions, fraud, corporate
disclosure issues,
franchising, accounting disputes, and partnership dissolution
In part 2 of our interview
with franchise lawyer, Chris Horkins, we speak about good faith obligations and whether there is an ongoing duty of
disclosure.
Franchisees are provided
with extensive
franchise disclosure in Ontario, Alberta, Manitoba, New Brunswick and Prince Edward Island.
A
franchise is offered in many jurisdictions only by delivery of a
franchise disclosure document to you in compliance
with applicable
franchise sales laws.
We will not offer you a
franchise in states or other jurisdictions where registration is required unless and until we have complied
with applicable pre-sale registration and
disclosure requirements in your state.
If you are a resident of one of these states, we will not offer you a
franchise unless and until we have complied
with applicable pre-sale registration and
disclosure requirements or an applicable exemption in your jurisdiction.
Offers of
franchises may only be made by delivery of a
franchise disclosure document (prospectus), and in certain states the
franchise disclosure document must first have been registered
with the state agency that regulates the offers and sales of
franchises.
Moreover, we will not offer or sell
franchises in those states until we have registered the
franchise (or obtained an applicable exemption from registration) and delivered the
franchise disclosure document to the prospective franchisee in compliance
with law.