Franchise Law

 FRANCHISE LAW IN CANADA:

At the federal level, various laws can apply to franchising and franchise law. This includes: income tax, competition, privacy, packaging and labeling, and intellectual property statutes.  At the provincial level there are a number of laws that apply to franchising. These include: consumer protection legislation, sales taxes, liquor licensing, and class action.

FRANCHISE LAW IN QUEBEC:

Expanding business operations into the province of Quebec is often overlooked, delayed, or avoided by international
franchisors coming to Canada due to the view that franchise law is more complex within Quebec. Although its marked differences from the other Canadian provinces warrant adapting a franchisor’s approach to expansion, with sound legal and business advice and the appropriate upfront investment, Quebec can be a very lucrative and rewarding market. There have been some noteworthy cases in Quebec in the past that provide insight into the obligation of franchisors.

Franchisees wishing to carry out their business in Quebec must also comply with the Charter of the French Language of Quebec and the Quebec Civil Code.

Our lawyers can help you navigate the legislation around buying, selling, and dealing with franchises.

The following is a list of possible areas of franchise law we can assist with:

  • Buying a franchised business, or a network of franchised businesses
  • Selling a franchise
  • Expansion of your network of franchises and/or your distribution network
  • Problems with the conduct or decisions of franchisor or franchisees
  • Representing franchisees/franchisor in legal proceedings
  • Drafting franchise agreements and clarifying existing agreements

We will advise you on the legal response that is most suitable to your circumstances. The assistance of a lawyer is essential when dealing with issues surrounding franchise law.

 Some of these issues may include:

  • Negotiating franchise agreements
  • Reviewing franchise disclosure documents
  • Business formation, buy & sell arrangements
  • Franchise litigation and arbitration
  • Franchise termination and renewals
  • Transfer and sales
  • Territorial encroachments
  • Issues with products or pricings
  • Unfair policies

Whether you are developing a franchise, selling a franchise, running a mature franchise system or anything in between, we can help. Our experience, proven legal strategies and pragmatic representation will benefit your business. We can assist those with franchises with Quebec, throughout Canada, and internationally.

Contact Allen Madelin Inc. today to speak to one of our lawyers about franchise related legal assistance.