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23 May 2011 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 then-current franchise agreement form and system standards (i.e. trade-dress and equipment). Such changes can be vital to a franchise system’s continued success in the marketplace.
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Recognition Sotos News
26 April 2011 by SotosLLP
Franchise Times has chosen John Sotos as one of its "Legal Eagles" for 2011. To make the list, attorneys are nominated by their peers and clients, plus meet the criteria of the Franchise Times editorial panel.
In the News Sotos News
10 March 2011 by SotosLLP
The Halifax Chronicle Herald has published an interview with Sotos partner David Sterns. The article examines at the legal situation for franchises in Nova Scotia, particularly the lack of franchise legislation in the province.
Automotive Cannabis Grocery Home Services Hotel Personal Services Professional Services Restaurant Retail
5 March 2011 by SotosLLP
A franchisor faces this tough issue before ever signing its first franchise agreement: how does it protect its investment in the franchise system by ensuring that its franchisees do not use what they will learn to compete with the franchise system?
Allan Dick Automotive Blog Cannabis Grocery Home Services Hotel Personal Services Professional Services Restaurant Retail
5 March 2011 by SotosLLP | Leave a Comment
Franchise systems, by their very nature, are evolutionary and subject to change. Change can include a whole variety of modifications; from changes to the colour scheme of your “house” signage and trade-mark to the implementation of major system changes. This article considers the legal implications of making changes.
In our experience, franchisors are quite familiar with the definition of “material fact” - but are less familiar with the franchisor’s obligation to disclose a “material change” once they have given out their disclosure document.
A right of renewal of a franchise agreement can very rarely be inferred from the surrounding circumstances of the franchise relationship and the statutory duty of fair dealing. With respect to express rights of renewal, the Ontario Court of Appeal recently affirmed the lower court’s decision in Salah v. Timothy’s Coffees of the World Inc. This decision serves as a caution to franchisors.
19 January 2011 by SotosLLP
The Globe and Mail has published an article profiling Robert Rodger, the representative plaintiff in the recently certified and ongoing class action against Pet Valu.
15 November 2010 by SotosLLP
John Sotos was recently quoted in a National Post article on franchising. The article discusses some of the challenges — and opportunites — encountered by would-be franchisors.
11 November 2010 by SotosLLP | Leave a Comment
With the recent certification of another franchise class proceeding, and several additional actions currently at the certification hearing stage, more and more franchisees are seeking to avail themselves of the ability to band together as a class to resolve disputes against their franchisors.
