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12 April 2012 by SotosLLP | Leave a Comment
Renewal provides a key opportunity for franchisors to institute changes to their business systems and move franchisees over to the current form of their franchise agreement and standards (i.e. trade-dress, equipment, and signage). The renewal process should be seen as a balancing act between modernizing the franchise agreement on the one hand, while not modifying it in such fundamental ways so as to make it unpalatable to franchisees.
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9 April 2012 by SotosLLP
The recently published an article written by Sotos LLP partner Jean-Marc Leclerc on the issue of document management systems in Ontario courts. The article, titled "Brown's critique of province's document-management system reflects larger problem", criticizes the current paper-based document management system currently being used.
Recognition Sotos News
3 April 2012 by SotosLLP
Franchise Times has chosen John Sotos as one of its "Legal Eagles" for 2012. To make the list, lawyers are nominated by their peers and clients, plus meet the criteria of the Franchise Times editorial panel.
14 March 2012 by SotosLLP
Jean-Marc Leclerc was recently quoted by Law360 discussing the recent British Columbia Court of Appeal cases Pro-Sys Consultants Ltd. v. Microsoft Corporation and Sun-Rype Products Ltd. v. Archer Daniels Midland Company. Leave to appeal to the Supreme Court of Canada was recently granted for both cases.
Automotive Blog Cannabis Grocery Home Services Hotel Personal Services Professional Services Restaurant Retail
9 March 2012 by SotosLLP
When the Rules of Civil Procedure were amended effective January 1, 2010, the intent was to make the litigation system more accessible and affordable for Ontarians. One mechanism for doing so was to amend rule 20 (summary judgment) to make summary judgment motions a more appealing forum to resolve disputes, rather than incurring the time and expense of a full trial.
Sotos LLP partner Allan Dick was recently quoted in Lexpert magazine commenting on the recent franchising class action case of Fairview Donut Inc. v. The TDL Group Corp.
Automotive Blog Cannabis Grocery Home Services Hotel John Yiokaris Personal Services Professional Services Restaurant Retail
7 March 2012 by SotosLLP | Leave a Comment
The Supreme Court of Canada recently explained many of the basic principles of trade-mark protection and enforcement in its decision in Masterpiece Inc. v. Alavida Lifestyles Inc. In this decision, the Supreme Court also set out much needed clarification on several significant aspects of the process of determining the likelihood of confusion between trade-marks.
2 March 2012 by SotosLLP
Sotos LLP partner John Yiokaris was featured in an article in the February 20, 2012 issue of the Globe & Mail.
Uncategorized
27 February 2012 by SotosLLP
If a court finds that a restrictive competition covenant is unenforceable, the question is whether the court will sever (delete) the offending part from the franchise agreement. Unlike U.S. courts, a Canadian court will neither re-write an unenforceable covenant nor replace it with a more reasonable covenant; the court will, however, sever the covenant (or its offending parts).
22 February 2012 by SotosLLP
By definition, an in-term non-compete covenant operates contemporaneously with the other covenants in the franchise agreement that are designed to regulate the franchise relationship operationally while it continues. The in-term non-compete covenant may be a logical consequence of these other covenants (for example, a covenant to devote one's entire working time and attention to operating the franchise), or it may be entirely unrelated to them.
