expanding A franchise
system to canada?
1. Protect the Trademarks in Canada. Have us search
to determine if the principal trademark is available for use
and registration in Canada. The registration process can
take a while, but getting searches done and an application
filed early can remove any uncertainty.
2.Choose a Structure and Understand the Tax
Issues. We help franchisors choose an appropriate
structure, whether it is single unit franchising, master
franchising, area development, area representation, or some
hybrid that includes one or more method. We can also advise
on the tax issues relating to the expansion and corporate
structure being proposed.
3.“Canadianize” the Franchise Agreements.
Regardless of the type of franchise expansion mode that
is chosen, changes to franchise documents will likely be
recommended to comply with Canadian franchise laws and
practices. While this is an extra expense up front, it will
save money in the long run. In some cases, new documents
will be needed, and our experience can really help here.
4.Create a Canadian Disclosure Document. If the
plan is to franchise in the provinces with a franchise law,
we will need to prepare a Canadian Franchise Disclosure
Document (“FDD”). The disclosure obligations must be
strictly adhered to and the franchise law requires the
franchisor take no money nor sign any agreement before
complying with the disclosure laws, by giving out a FDD and
waiting the minimum 14 days.
5.Already in Canada? Our team of lawyers can assist
with all of your other legal needs. And if you have problems,
our franchise litigation and dispute resolution team is
second to none.
6.Getting Started. We’d like to work with you! Our group
has over 20 years of experience assisting foreign franchisors
with all aspects of their business in Canada. Contact
Larry Weinberg at 416 860 2987 or Geoff Shaw at 416 869 5982.
Larry Weinberg
416 860 2987 lweinberg@casselsbrock.com
Geoff Shaw
416 869 5982 gshaw@casselsbrock.com
Derek Ronde
416 869 5428 dronde@casselsbrock.com
Frank Robinson
416 869 5991 frobinson@casselsbrock.com
Stefanie Holland
416 860 6467 sholland@casselsbrock.com
Eric Mayzel
416 860 6448 emayzel@casselsbrock.com
Colin Pendrith
416 860 6765 cpendrith@casselsbrock.com
Rebecca Valo
416 860 6885 rvalo@casselsbrock.com
Christopher Horkins
416 815 4351 chorkins@casselsbrock.com
Carly Cohen
416 869 5368 ccohen@casselsbrock.com
Brittany Moloney
416 860 6570 bmoloney@casselsbrock.com
Jonathan Wansbrough
416 860 2967 jwansbrough@casselsbrock.com
www.casselsbrock.com
Cassels Brock & Blackwell LLP
2100 Scotia Plaza, 40 King Street West, Toronto Canada M5H 3C2
Phone 416 869 5300 Fax 416 360 8877 www.casselsbrock.com
© 2012 Cassels Brock & Blackwell LLP. Cassels Brock and the CB logo are
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