LAW 525 Lecture Notes - Lecture 8: Arthur Wishart, Tim Hortons
28 Jun 2018
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LAW 525 – Chapter 8 – Franchise Law
Evils of franchising
- Can be taken advantage of by franchisor
- Embellishing financial records and projected sales
- Taking advantage of local people (one of the original pyramid schemes)
- Lead to the applicable statute to regulate franchising
- Franchisors can increase prices or effect quality across all stores (tim hortons case
chapter 1)
Bill 33 (vs bill 35)
- How interventionist should you be? They chose the less interventionist approach
Fair dealing, section 3
- Imposed on both parties, room for interpretation
- Sub 2 – right of action, grants ability to go to court
- Looking at reasonable standards for different industries
Disclosure document
- Franchisor has the big picture, document is a way of informing franchisee
Litigation history
- Makes known how much legal history (law suits) the company has
Mediation
- Mechanism that solves disputes between franchisor and franchisee
Turnkey operation
- Ready to go operation
Benefits of franchises is rapid growth with low capital
Arthur wishart act
- BNA act
- Non disclosure
- Year 2000
Pointts case
- Paralegals
- Decision is relevant because: the act did not exist when the agreement was made (1988)
agreement was up for renewal in 2003
- Regulation of paralegals will impose a significant burden on operations of business
- Statute overrides the contract – section 11
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