Franchise - Litigation Services

A franchise relationship is by nature one of unequal power, with the franchisee in a much weaker bargaining position relative to the franchisor. However, through aggressive litigation franchisees can be successful in striking a new balance of power between themselves and the franchisor.

Heydary Hamilton PC is one of the top law firms in franchise litigation practices in Canada. We have successfully litigated on behalf of many franchisees against some of Canada’s leading franchise companies. Our extensive experience in franchising was recognized in the April 2005 edition of Franchise Times in which one of our lawyers, Javad Heydary, was designated as a "Legal Eagle" for 2005 by other lawyers as part of the annual selection of top global franchise lawyers.

If you are considering litigating a franchise dispute, look to our franchise lawyers to provide you with insightful legal advice that is tailored towards your business operations, and mindful of the unique nature of the franchise relationship. At Heydary Hamilton PC, we handle complex franchise litigation matters on behalf of franchisees, involving:

• Franchisee termination
• Encroachment
• Volume rebates, discounts and advertising allowances
• Leasing
• Insolvency
• Royalties strikes
• Injunctions
• Class actions

For more information on our Franchising (Commercial) services, please visit our Franchise (Commercial) page.

Contacts:

Franchising Related Publications:

Ontario's Franchise Law
The Business Exchange, February 2004
W. Xavier Navarrete & Douglas A. Fairbairn

Legal Aspects of Purchasing a Franchise
The Commercial Investor, March 2004
Javad Heydary & Xavier Navarrete

Buying a Business: Selected Due Diligence Issues
The Business Exchange, July 2003
Robert J. Hamilton & Javad Heydary

Private Equity Funding: Securities Law Considerations
Robert J. Hamilton & Javad Heydary
The Business Exchange, February 2003

Fundamentals of Corporate Law
The Business Exchange, March 2004
Javad Heydary

Introduction to Retail Lease Agreements
The Business Exchange, December 2003
W. Xavier Navarrete & Douglas A. Fairbairn

Selected Canadian Franchise Court Decisions:

• 1017933 Ontario Ltd. v. Robin's Foods Inc.
• 1490664 Ontario Ltd. v. Dig This Garden Ltd.
• 1518628 Ontario Inc. v. Tutor Time Learning
• 475878 Alberta Ltd. v. Help-U-Sell Inc.
• Ahmed v. 3 for 1 Pizza & Wings (Canada) Inc.
• Ali v. Triple 3 Holdings Inc.
• Andersson v. Second Cup Ltd.
• Bawitko Investments Ltd. v. Kernels Popcorn Ltd.
• Ellis v. Subway Franchise Systems of Canada Ltd.
• Izzetpanah v. 1 for 1 Pizza Ltd.
• Jumbo Systems Inc. v. Short
• Khachikian v. Williams
• Khagen Investments Ltd. v. 710497 Ontario Ltd.
• Machias v. Mr. Submarine Ltd.
• Majdpour v. M & B Acquisition Corp.
• Merv's Catering Restaurant & Bakery Ltd. v. Boileau
• More Than Meats (Forest City) Inc. v. 1058335 Ontario Inc.
• Mr. Submarine Ltd. v. Sowdaey
• Parks West Mall Ltd. v. Jennett
• Payne Environmental v. Lord and Partners
• Pointts v. 754974 Ontario Inc.
• Shelanu Inc. v. Print Three Franchising Corp.
• Synergism Arithmetically Compounded Inc. v. Parkwood Hills Foodland Inc.
• Tierney v. Coffee Time Donuts Inc.
• Tobmar Newstands Inc. v. 1191767 Ontario Inc.
• Waldens v. 887985 Alberta Ltd.

Franchise Laws:

Ontario

• Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000, Chapter 3
• Ontario Regulation 581/00 (amended to O. Reg. 199/05)

Alberta

• Franchise Act, R.S.A. 2000, c. F-23
• Franchises Regulation, Alta. Reg. 240/1995
• Franchises Act Exemption Regulation, Alta. Reg. 312/2000