12th Annual Franchise Law Conference - For Better of For Worse: Franchise Relationships Over The Long Term
Author(s): Ontario Bar Association
Publication Date: November 2012
Format: shipped (hardcopy), download (PDF)

It is often said that business is all about relationships, and this maxim is nowhere more applicable than in the realm of franchising. Franchising relies for its success on the spirit of entrepreneurship, and yet it embodies a level of interdependence between franchisors and franchisees that easily eclipses the mutual reliance inherent in more conventional contractual arrangements. It is the interplay of (and tension between) these two factors that sets franchising apart from most other business forms, and it is the reconciliation of these factors, through constant, thoughtful management, direction and consultation, that makes the franchise relationship sustainable and mutually profitable over the long term. It is also the context in which franchise law is most readily understood, and the lens through which it ought most appropriately to be applied. A comprehensive and thought-provoking publication focused on the various aspects of the franchise relationship and how you might help your business (or your clients) manage it.

Program Chairs:
Steven Goldman,
Goldman Hine LLP
Peter Viitre, Sotos LLP

Annual Legal Update
Jennifer Dolman,
Osler, Hoskin & Harcourt LLP
Jeffrey Hoffman, Gowling Lafleur Henderson LLP

Lessons Learned: The Most Common Mistakes Made by Franchise Counsel in the Disclosure Process and How to Avoid Them
Andraya Frith,
Osler Hoskin & Harcourt LLP
Darrell Jarvis, Fasken Martineau DuMoulin LLP
Rosanne Manson, Claims Counsel, LawPRO

In the Best Interest of the Brand
Lorraine Fleck,
Hoffer Adler LLP
David Shaw, Blake, Cassels & Graydon LLP

The Effective Use of Franchisor Advisory Councils
David Kornhauser,
Macdonald Sager Manis LLP
Debi Sutin, Gowling Lafleur Henderson LLP

Creative and Efficient Use of ADR in Franchising
Leslie Dizgun,
Himelfarb Proszanski LLP

Franchise-Wide Disputes: Should they be resolved by Arbitration or Class Action?
Thomas Heintzman,
Heintzman ADR
Stephanie Sugar, McCarthy Tétrault

Franchise Arbitration: Avoiding the American Mistakes
Randy Pepper,
ADR Chambers

Legal and Business Considerations Affecting Franchise Transfers and Renewals
Net Levitt,
Aird & Berlis LLP
Frank Robinson, Cassels Brock & Blackwell LLP

The Elusive "Clean Break": Termination and Post-Termination Rights and Obligations
Ian Roher,
Colson LLP
Taimi Williamson, Siskinds LLP

Hot Topics in Rescission: Franchisor's Associate, The Statement of Claim
and Country Style Food Services and Other Recent Decisions

Susan Friedman, Davis LLP

Hot Topics in Rescission: Limitation Periods in Section 6(1) vs. Section 6(2) of The Wishart Act
Derek Ronde,
Cassels Brock & Blackwell LLP

How to Prepare a Notice of Rescission and Calculate Damages Pursuant to Section 6(6) of the Arthur Wishart Act
John Yiokaris,
Sotos LLP

Maintaining, Extending and Protecting Trade-Marks Over The Long Haul (Notes for a round-table discussion)
Jonathan Mesiano-Crookston,
Goldman Hine LLP

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