OBA Franchise LAW PROGRAM | Original Program Date: April 18, 2018

The widely anticipated Ontario Court of Appeal decision in Raibex Canada Ltd. v. ASWR Franchising Corp. was released early this year.   While almost everyone agrees that the decision is pro-franchisor, there is some debate as to what it actually means for franchisors and franchisees.  Key issues arise from this important decision that you need to know.

• What advice should lawyers provide to franchisors regarding revisions to franchise agreements and disclosure documents in light of AllStar?
• How important was it that the franchisee in AllStar was involved in site selection and had a right to terminate the franchise agreement if a suitable location could not be found?
• Can disclosure without a lease still be premature disclosure?
• Is there now a new test to determine a franchisee’s right to rescind under Section 6(2)?
• What impact does AllStar have on the advice that lawyers provide to franchisees on possible rescission remedies?

Our experienced panel will also share their insights on the following questions:

• What are the strongest pronouncements from the Court of Appeal that you think informs practice going forward - in what way?
• Do you think the Court of Appeal decision has clarified pracitce?
• Has the Court of Appeal introduced new issues into practice with this decision?

Join us as leading faculty help us to navigate the post-AllStar era of franchise disclosure and documentation.

*Please review the decisionson your own prior to the program so that we can devote the program to an analysis of the Court of Appeal decision.

MODERATOR

Allan Dick, Sotos LLP

PROGRAM SPEAKERS

David Altshuller, Teplitsky Colson LLP
Andraya Frith, Osler, Hoskin & Harcourt LLP
Geoffrey Shaw, Cassels, Brock & Blackwell LLP