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Do you have an asset or share purchase agreement requiring that certain disputes be resolved by arbitration (e.g., post-closing purchase price adjustments, such as to working capital or in respect [...]

In a landmark decision, the Federal Court of Australia recently dismissed a $650 million claim brought against Mercedes-Benz Australia/Pacific Pty Ltd ('MBAuP') by the majority of its Australian dealers. MBAuP [...]

Subsection 45(1) of the Ontario Arbitration Act, 1991 (the 'Act') provides that if an arbitration clause does not deal with appeals on questions of law, a party may seek leave [...]

In Jayasena Management Corp. et al. v Savannah Wells Holdings Inc. et al. ('Jayasena v Savannah')1 the Ontario Superior Court held that the sale of an existing franchise was effected [...]

You have an arbitration clause in your contract, but it is silent on the type of arbitrator and the process for appointing him or her. After a dispute arises, you [...]

A recent decision of the Ontario Court of Appeal considers the duty of good faith and honest contractual performance in the context of an asset sale involving rights of first [...]

A recent decision of the Ontario Divisional Court provides a welcome course-correction for trademark law. In 2788610 Ontario Inc. v. Bhagwani ('Bhagwani')1, the Divisional Court vacated an interlocutory injunction prohibiting [...]

The Supreme Court of Canada ('SCC') recently released its long awaited decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District ('Wastech').1 The decision is the first time [...]

The Supreme Court of Canada ('SCC') recently released its much-anticipated decision in C.M. Callow Inc. v. Tammy Zollinger et. al ('C.M. Callow').1 The decision revisits the common law duty of [...]

Introduction In Sokoloff v. Tru-Path Occupational Therapy Services Inc.1, the Ontario Court of Appeal (the 'OCA') applied recent jurisprudence from the Supreme Court of Canada2 (the 'SCC') interpreting the anti-Strategic [...]

In October 2017, we updated you on changes to Ontario's Arthur Wishart Act (Franchise Legislation), 2000 (the 'Arthur Wishart Act') proposed through Bill 154, the Cutting Unnecessary Red Tape Act, [...]

British Columbia's new Franchises Act (the 'Franchises Act') and accompanying Regulations will come into force on February 1, 2017, giving franchisors only four months to ensure their disclosure and business [...]

Break-ups are often expensive, but they do not always have to be. A recent Ontario Court of Appeal case provides clarity to those seeking to terminate a business relationship and [...]

Three provinces are expecting big changes in the area of franchise legislation, some of which will be more welcomed by franchisors than others: Ontario Ontario is proposing an amendment to [...]

The long-discussed Franchises Act of British Columbia (the 'Franchises Act') is making quick strides to becoming a reality. On October 5, 2015, Bill 38 was introduced in the B.C. Legislature. [...]

The Ontario Superior Court recently released its decision in Trillium Motor World Ltd. v. General Motors of Canada Limited,1 a class action brought on behalf of approximately 200 General Motors [...]

The duty of good faith and fair dealing Provincial franchise legislation imposes a duty of fair dealing on parties whenever they are performing or enforcing the provisions of a franchise [...]

FOR too long, swimwear has meant going sleeveless. Short of a wetsuit or a Nigella Lawson-style burkini, we have had to accept that. [ABSTRACT FROM PUBLISHER]