FRANCHISE LAW PRACTICE GROUP
FRANCHISE LAW
OUR CLIENTS
Franchising has evolved into one of the most important
sources of economic growth in Canada and around the world.
Our franchisor clients represent a broad spectrum of
businesses, from traditional business format franchises to
clients offering services and products through new and unique
methods of distribution.
The franchisor-franchisee relationship is created by contract,
sometimes regulated by statute, and often compared to a
marriage. When it works well, it can be advantageous to
both franchisor and franchisee alike. We assist our clients by
making sure the foundation to this relationship is a solid one.
If the relationship does not work we can provide specialized
advice so as to avoid, wherever possible, a costly divorce.
OUR PRACTICE
In the evolving world of franchise law, our dedicated practice
group is recognized across Canada and internationally for
its extensive practical experience in all facets of franchising,
from local startup to expansion abroad.
The partners, associates and law clerks of our Franchise Law
Group ensure clients understand the legal issues and fundamental
aspects of franchising and related distribution models.
HOW WE CAN HELP YOU!
Cassels Brock has assisted many corporate and franchised
brands expand through Canada. We also have complementary
experience advising on business acquisitions, sales and
investments. We can help with:
1.
We offer complete legal and strategic advice, across
jurisdictions, in the following areas:
• Set-up of franchise systems locally, nationally and
internationally
• Negotiation and drafting of franchise agreements,
including single and multi-unit franchise agreements
• Franchise disclosure law compliance
• Purchase and sale of individual units or complete
franchise systems
• Expansion strategies
• Private equity and public financing, including securities law
• Information technology including internet and privacy law
issues
• Protection and licensing of trademarks and other
intellectual property rights
• Multi-unit franchise expansion, including master
franchising, area development agreements and joint
ventures
• Corporate tax strategies and personal tax planning
• Dispute resolution and litigation
• Advice and strategies regarding franchise associations
• Class action defence
• International franchising
• Competition law issues
• Franchise default and termination
• Real estate and leasing
• Human resources issues including employment and
independent contractor arrangements
• Bankruptcy, receiverships and business reorganization
Protect Your Trademarks. Have us search to determine if the
principal trademark is available for use and registration in
Canada, and to the extent necessary, in other jurisdictions. The
registration process can be lengthy, but completing searches
and filing applications early can remove any uncertainty.
2. Consider Whether you Want to Operate Corporate Owned
Units, Franchise to Others, or Do Both. We help clients choose
an appropriate expansion structure, whether it is corporate units,
single unit franchising, master franchising, area development,
area representation, or a combination of one or more methods.
3.
Understand the Tax Issues. We regularly advise on the tax
issues relating to the expansion, and the corporate and/or
franchised structure being proposed.
4.
Draft the Franchise Agreements. Regardless of the type of
franchise expansion mode that is chosen, a properly drafted
and well-structured franchise agreement, tailored to your
specific business and strategic needs, is essential. We will work
closely with you to develop this key piece of your franchise
system, and assist in negotiating your first few (or other) deals.
5.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.
6.Private
Equity and M&A. If a franchise chain is to be
purchased, sold or invested in, we can help, and bring a valueadded perspective on dealing with franchise company assets
and related regulatory compliance issues.
7. Litigation
and Dispute Resolution. We are your go-to team
for problem solving and dispute resolution, regularly handling
enforcement, termination, noncompetition, rescission and
franchise class action defence cases throughout Canada.
A TRADITION OF
EXCELLENCE
WE WANT TO
WORK WITH YOU
Cassels Brock is a full-service firm, organized into
practice areas that meet clients’ wide-ranging needs.
While our franchise clients may initially come into the
firm looking for related services, the full range of
our expertise is avialable should they require it.
Contact any of our practice group leaders:
LARRY WEINBERG 1,2,3,4,5
416 860 2987 | lweinberg@casselsbrock.com
GEOFF SHAW 1,2,4
416 869 5982 | gshaw@casselsbrock.com
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Aboriginal
Asset-Based Lending
Charity & Not-For-Profit
Class Actions
Communications
Competition, Antitrust &
Foreign Investment
Construction
Corporate & Commercial
Education
Employment & Labour
Energy & Utilities
Entertainment & Copyright
Equipment & Asset Financing
Financial Institutions
Regulation
Financial Services
Franchise
Government Relations
Hospitality & Tourism
Information Technology
Infrastructure
Insurance — Corporate &
Regulatory
Intellectual Property
• Land Development
• Life Sciences
• Litigation & Dispute
Resolution
• Mergers & Acquisitions
• Mining
• Municipal Planning
• Payments Industry
• Privacy
• Private Equity
• Product Liability
• Project Finance
• Real Estate & Development
• Real Estate Investment
Trusts
• Restructuring & Insolvency
• Securities
• Securities Litigation
• Securitization & Structured
Finance
• Sports & Entertainment
• Taxation
• White Collar Crime &
Regulatory Enforcement
Suite 2200, HSBC Building
885 West Georgia Street
Vancouver, BC Canada V6C 3E8
Tel: 604 691 6100 Fax: 604 691 6120
© 2015 Cassels Brock & Blackwell LLP. All rights reserved. This document does not constitute legal advice.
Users should consult legal counsel for advice regarding the matters discussed herein.
FRANK ROBINSON 1
416 869 5991 | frobinson@casselsbrock.com
1.
Ranked by Who’s Who Legal as one of the Most Highly
Regarded Franchise Lawyers in Canada
Ranked by the Canadian Legal Lexpert Directory as
Leading Franchise Law Practitioners in Canada
2.
Named by UK-based Who’s Who Legal as 2014
Worldwide Franchise Law’s “Lawyer of the Year”
3.
4.
Ranked by The Best Lawyers in Canada as a leading
lawyer in the area of Franchise Law
Only Canadian lawyer ranked by UK-based Chambers Global
in their worldwide list of leading Franchise lawyers
5.
Cassels Brock is ranked by the Canadian Legal Lexpert
Directory as one of the Most Frequently Recommended
Leading Firms in Franchise Law and is the only Canadian
firm ranked by UK-based Chambers Global in their
worldwide list of leading Franchise lawyers.
www.casselsbrock.com/practiceareas/franchise
Cassels Brock & Blackwell LLP
Suite 2100, Scotia Plaza
40 King Street West Toronto, ON Canada M5H 3C2
Tel: 416 869 5300 Fax: 416 360 8877
DEREK RONDE
416 869 5428 | dronde@casselsbrock.com
1/2015