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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.
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14 February 2012 by SotosLLP
Non-solicit, non-compete and other types of restrictive competition covenants are among the most difficult of franchise controls to properly structure. In this three part blog series, Arthur Trebilcock reviews some practical guidelines for drafting restrictive competition covenants in the Canadian franchise context.
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31 January 2012 by SotosLLP | Leave a Comment
On January 3, 2012, in Healy v. Canadian Tire Corporation, the Ontario Superior Court of Justice provided guidance on the care that a franchisor should take when preparing and providing financial forecasts to franchisees.
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17 January 2012 by SotosLLP | Leave a Comment
In this full-length article originally prepared as a paper given at the Annual Conference of the International Bar Association in Dubai, October 2011, John Sotos provides an overview of franchise relationship laws around the world and the aspects of the franchise relationship these laws typically address.
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10 January 2012 by SotosLLP | Leave a Comment
The key reason to invest in a properly-drafted will is the assurance that your intended beneficiaries will be provided for to the best of your means upon your death. Implicit in this expectation is the desire for the bulk of your Estate to pass to your beneficiaries with minimal taxation. If you hold wealth in the form of private company shares, the estate planning strategy of multiple wills can potentially save your Estate a considerable sum in estate administration tax.
Sotos News Updates
3 January 2012 by SotosLLP
After practising for ten years in the litigation department of a major national law firm, Jean-Marc Leclerc has joined Sotos LLP as our newest Partner.
Recognition Sotos News
13 December 2011 by SotosLLP
Sotos LLP partner David Sterns has been awarded the Ontario Bar Association's 2011 Markus Cohen, Q.C. Memorial Award for Excellence in Franchise Law with Jennifer Dolman of Osler, Hoskin & Harcourt LLP for their paper entitled, "Unique Circumstances in Litigating Franchise Class Actions".
Blog Yianni Alexopoulos
21 November 2011 by SotosLLP
The Ontario Court of Appeal released a decision in Krawchuk v. Scherbak et al. that has significant implications for real estate agents and their vendor clients with respect to statements made to potential buyers and in preparing a Seller Property Information Sheet (SPIS).
3 November 2011 by SotosLLP | Leave a Comment
A common way for parents to protect their children’s inheritance from the children’s spouses in cases of marriage breakdown is to rely on a specific provision in the Family Law Act in Ontario which subtracts the value of any gift received from a parent of the child from the calculation of the child’s net family property.
Automotive Blog Cannabis David Sterns Expansion Grocery Home Services Hotel Personal Services Professional Services Restaurant Retail
28 October 2011 by SotosLLP
How much money will this business make? That is the question on the mind of everyone who considers buying a franchise. No rational person would consider buying a franchise without wanting an answer to this question. And yet, it is a very tricky one for the franchisor to answer if it wants to stay within the bounds of the law.