Practice Summary
Jean-Marc is valued by our franchise clients for his expertise in commercial litigation particularly in competition, privacy and cross-border matters, and for his extensive experience in multi-party and class proceedings. Jean-Marc advises clients across our industry sectors. Jean-Marc taught appellate advocacy at Queen’s University in Kingston, Ont., and acts pro bono to argue cases on behalf of the Canadian Civil Liberties Association including at the Supreme Court of Canada. A former clerk at the Supreme Court of Canada and Federal Court of Appeal, Jean-Marc draws on this experience to provide strategic counsel on matters before the courts. He spent the formative years of his career advising corporations in complex commercial litigation.
Jean-Marc is proficient in French.
Jean- Marc Leclerc is also a member of our class action practice.
BAR ADMISSION
Ontario, 2001
EDUCATION
LL.B, Queen’s University
More About Jean-Marc Leclerc
Practice Areas
- Franchise, Licensing and Distribution Litigation and Arbitration
- General Commercial Litigation
- Professional Liability Litigation
- Privacy Litigation
- Consumer Protection Litigation
- Competition and Price Fixing
- Class Actions
Recognitions
- Ranked in Chambers Canada – Dispute Resolution: Class Action (Plaintiff) (2016 – 2023)
- Consistently listed in Best Lawyers in Canada – Franchise Law (2019 – 2023)
- Recognized in Best Lawyers Global Business Edition – Franchise Law (2018 – 2021)
- Listed in Best Lawyers in Canada – Class Action Litigation (2022 – 2023)
- Recognized in Best Lawyers Global Business Edition – Class Action Litigation (2021)
- Listed as “Repeatedly Recommended” in Canadian Legal LEXPERT Directory – Franchise (2015 – 2022)
- Listed as “Repeatedly Recommended” in Canadian Legal LEXPERT Directory – Class Action (2019 – 2022)
- Listed as Leading Litigation Lawyer in LEXPERT Special Edition – Canada’s Leading Litigation Lawyers (2022)
- Listed in Who’s Who Legal National Guide: Canada Franchise (2022)
- Listed in Who’s Who Legal Global Guide – Franchise (2022)
- Named “Legal Eagle” by Franchise Times Magazine (2013 – 2019)
Professional Associations
- Canadian Bar Association
- Law Society of Ontario
- Canadian Franchise Association
- International Franchise Association
- American Bar Association
- Advocates’ Society
- Current Member of Ontario’s Class Action Bench-Bar Liaison Committee
Selected Works
- “Is Your Store an Accidental Franchise“, Cannabis Retailer Magazine, January 10, 2022.
- Authored a chapter dealing with Litigation and Class Actions in Outbreaks: A Practical Legal and Risk Management Primer for the Healthcare Sector, published on December 29, 2021.
- What is the liability of Canadian franchisors as potential “joint employers”?International Journal of Franchising Law, February 2016
- Speaker- “Unique Issues with Master Franchisees” Canadian Franchise Association National Convention, April 17 – 19, 2016
- Speaker – “Recent Franchise Case Law Developments” Canadian Franchise Association Law Day, January 28, 2016
- Speaker – “Hot Issues and Emerging Trends in Canadian Class Actions” Ontario Bar Association’s 7th Annual Class Actions Colloquium, December 1, 2015
- “Why franchise class actions cannot be ousted by arbitration clauses”, OBA Class Action Law Newsletter, March 2012
- “Brown’s critique of province’s document-management system reflects larger problem” Law Times, March 26 2012 edition
- Dodd v. Prime Restaurants of Canada Inc., 2012 ONSC 1578 case summary, Ontario Bar Association Franchise Law Section
Blogs
SOTOS LLP BLOG June 9, 2017Compliance, not reliance: Ontario Court of Appeal again emphasizes importance of disclosure document compliance
SOTOS LLP BLOG August 2, 2016Ministry of Labour sets out options for reform of employment and labour laws that could impact franchisors doing business in Ontario
SOTOS LLP BLOG May 12, 2016U.S. parent could be liable for breaches of Ontario franchise laws even though not a party to the franchise agreement
SOTOS LLP BLOG March 2, 2016Ontario Court of Appeal refuses to enforce non-competition covenant because franchisor had no plans to develop the area
SOTOS LLP BLOG August 10, 2015The “grant” of a franchise: Ontario court considers whether shareholders of master franchisee can make Arthur Wishart Act claims
SOTOS LLP BLOG August 5, 2015Ontario Court provides guidance on claims against “franchisor’s associates” in recent decision
SOTOS LLP BLOG May 7, 2015The Dunkin’ Donuts Decision: Business as Usual for Good Franchisors
SOTOS LLP BLOG April 15, 2015Ontario Court of Appeal says no need to disclose all forms of litigation against the franchisor in the disclosure document
SOTOS LLP BLOG August 21, 2013When a disclosure document isn’t required
SOTOS LLP BLOG October 18, 2012Some guidance from the courts on system change – the importance of consultation
SOTOS LLP BLOG January 31, 2012Ontario Court provides helpful guidance on franchise financial forecasts
Personal Statement
I enjoy representing franchisors and franchisees alike in contested litigation disputes to find creative business and legal solutions, even if the odds seem unsurmountable.