Jennifer Dolman - Franchise Lawyer

Jennifer Dolman

Partner, Litigation

Key Contact: Franchise

Key Contact: Franchise Litigation

Contact Information

jdolman@osler.com

tel: 416.862.5911

Office

Toronto

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Areas of Expertise

Bar Admission

Ontario, 1991

Education

  • McGill University, LL.B.
  • University of Toronto, B.A.

Language(s)

English

Jennifer has been practicing commercial litigation for over 30 years, after clerking for the Chief Justice of the Ontario Court (General Division). Jennifer’s practice focuses primarily on assisting Canadian and international franchisors, from a variety of industries including quick service restaurants, retail, pharmacy, automotive, real estate, hospitality, education, manufacturing and technology, with their business critical disputes. She regularly defends claims by individual franchisees, as well as franchisee group and class actions, under Ontario’s Arthur Wishart Act and other Canadian franchise statutes, for rescission, breach of the duty of good faith and fair dealing, misrepresentation and interference with the right to associate, and enforcing terminations. 

In addition to franchise matters, Jennifer also defends wrongful dismissal claims (in which she has responded to a number of summary judgment motions) and human rights complaints for employers, and has experience in intellectual property (including trade-mark and copyright infringement, and the protection of trade secrets and confidential information), defamation (including statements made via the Internet), privacy matters and represents manufacturers and suppliers in their disputes with agents and distributors. Jennifer has particular expertise in the area of injunctions and emergency applications, especially regarding the enforcement of restrictive covenants against franchisees, dealers, distributors, licensees or departing senior employees.

Jennifer is an active participant in franchise organizations in Canada and the U.S., is the past Chair of the Ontario Bar Association Franchise Law Section, and a frequent speaker and writer. In addition to having written over 35 franchise articles for FP Entrepreneur at: http://business.financialpost.com/author/fpjenniferdolman/, Jennifer regularly posts franchise articles on her LinkedIn account at  https://www.linkedin.com/in/jenniferdolman/, and was formerly the only Canadian on the editorial board of the American Bar Association’s Franchise Law Journal.  Jennifer volunteers as a skills instructor and speaker at The Advocates’ Society, previously sat on the Board of Governors of Havergal College, an independent girls school in Toronto. Jennifer is a member of Women Get on Board Inc., and is interested in pursuing new board opportunities.

  • Shoppers Drug Mart

    Shoppers Drug Mart Inc. in a class action by pharmacist operators of Shoppers Drug Mart stores.

    • Aaron Rents, Inc. in its defence of two separate actions by franchisees (one in Ontario/the other in B.C.) who abandoned their franchises.
    • Budget Blinds, Inc. in its successful defence of an application to expunge its trade-marks.
    • Canada Bread (now Bimbo Canada) in respect of applications by Canada Bread franchisees to the Ontario Labour Relations Board.
    • Canadian Tire Corporation in response to an application before the Human Rights Tribunal of Ontario, which was subsequently withdrawn, in which a dealer alleged that his dealer contract was akin to an employment arrangement and that he was therefore protected against discrimination on the basis of age under the Human Rights Code.
    • Culligan of Canada and Culligan International Company in the defence and settlement of an action by a bottled water distributor who claimed to be a franchisee and a beneficiary under a California settlement agreement.
    • IBM Canada on numerous employment disputes, including most recently on issues relating to wrongful dismissal and disability actions, human rights complaints and the enforceability of a termination clause.
    • Imperial Oil Limited in the defence and settlement of an action commenced by Canadian Tire Corporation Limited over the application of a most favoured customer clause.
    • M & M Meat Shops Ltd. in its successful defence of an application by Mars Inc. regarding the alleged breach of an agreement dealing with the co-existence of the parties’ trade-marks.
    • Medeco Security Locks Canada in its successful enforcement of the termination of two distribution agreements.
    • Piaggio Group Americas, Inc. in its defence of an action commenced by its former Canadian distributor who claims it was a franchisee within the meaning of the Arthur Wishart Act.
    • RE/MAX Integra in its US$235 million cash sale of certain regional Canadian businesses to RE/MAX Holdings of the North America regions.
    • RE/MAX Ontario-Atlantic on a wide-range of business-critical disputes with brokers (franchisees), assisting with enforcement of franchise agreements, defaults and terminations, renewals, defence of third-party claim with allegations of bad faith and unfair business practices by broker in dispute with landlord, threatening injunction against terminated broker to enforce post-termination obligations including changing business name and RECO registration, and addressing joint employer issues.
    • Recipe Unlimited Corporation (formerly Cara) in connection with a claim by a former franchisee in St. John’s, Newfoundland.
    • The TDL Group Corp. (“TDL”), Tim Hortons Advertising and Promotion Fund (Canada) Inc., Restaurant Brands International Inc. (“RBI”) and related parties, including various individuals, in a franchisee class action for damages in excess of $1 billion for breach of contract, breach of the duty of fair dealing, conversion and other causes of action for alleged misuse of amounts paid by franchisee class members to the advertising fund.
    • TDL, RBI and various individuals in a franchise class action for damages of $850,000 for breach of contract, breach of the duty of fair dealing and for interference with the status right of association.
  • Find More

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Franchising (Band 1)
    • "[Jennifer is] the top tier of franchise lawyers; the crème de la crème."
  • Who’s Who Legal: Ranked in Who’s Who Legal: Thought Leaders – Global Elite; Ranked in Who’s Who Legal, International - Franchising, Thought Leader in the area of Franchising Law; Ranked in Who’s Who Legal: International - Franchising in the area of Franchise Law; Ranked in Who’s Who Legal Canada - Franchise in the area of Franchise Law
    • "[Jennifer is] a pre-eminent practitioner in the space. She is widely endorsed as a top franchise litigator and draws praise for her quick, analytical responses."., 2017 edition.
    • "[Jennifer is] once again featured as "one of the best practitioners of franchise law working in Canada today. She has considerable experience defending clients in franchise disputes relating to breach of the duty of good faith and misrepresentation and has knowledge of the gamut of franchise law"., 2016 edition.
    • In 2015, Jennifer was recognized as Mostly Highly Regarded practitioner in the area of Franchise Law.
    • In 2014, Jennifer was 1 of 10 recognized as Mostly Highly Regarded practitioners in the area of Franchise Law.
      • "[Jennifer is] described as very visible in the legal market due to the significant cases” she litigates; peers praise her masterly courtroom performance and describe her as a brilliant tactician."., 2014 edition.
    • In 2017, Jennifer was 1 of 7 recognized as Mostly Highly Regarded practitioners in the area of Franchise Law.
      • "[Jennifer is] an important member of the bar leading litigator. She wins plaudits for her work enforcing non-competition covenants and defending franchisors in disclosure disputes."., 2017 edition.
      • "[Jennifer is] a particularly prominent name in the market. She is described as "an incredibly skilled litigator and strategist"., 2016 edition.
    • Who’s Who Legal: Canada - Franchise: since 2010: (“stands out for her franchisor defence practice with clients commenting on her ‘originality, commitment and tenacity’”, 2014 edition)
  • The Canadian Legal Lexpert Directory: Recognized in Franchise Law - Franchisor
  • Best Lawyers in Canada: Recognized in Franchise Law
  • Franchise Times: Recognized in Franchise Times as a Legal Eagle
    • “creative, experienced problem-solver [and having] successfully resolved dozens of disputes."., 2014 edition
    • ​"the 'go-to' franchise litigator in Canada."., 2013 edition
  • OBA Markus Cohen: Received OBA Markus Cohen. Q.C. Memorial Award for Franchise Law
  • University of Toronto: Awarded an Arbor Award for longstanding volunteer service

  • 2023 CFA Franchise Law Day: Building for the Future

    Speaker, Litigation: Managing Disputed, September 21, 2023

  • 20th Annual OBA Franchise Conference

    Speaker, Good Faith Lessons from the SCC: Bhasin, CM Callow and Wastech, December 9, 2021

  • Canadian Franchise Association Virtual Law Day

    Co-Presenter, You Gotta Have (Good) Faith, September 23, 2021

  • American Bar Association: 43rd Annual Forum on Franchising

    Speaker, W7: The Evolution of Litigating Good Faith and Fair Dealings Claims, October 27-30, 2020

  • Canadian Franchise Association Law Day

    Co-Presenter, Supporting Franchisees Through Extraordinary Times: Good Faith Financial, Operational, and System Change Support, September 24, 2020

  • Ontario Bar Association: Best Practices Prosecuting and Defending Rescission Claims

    Speaker, Toronto, June 13, 2019

  • Ontario Bar Association: Territory Protection: Is it a Fallacy in the Internet Age?

    Co-Presenter, 2018

  • Brief the Board Webinar Wednesday

    Speaker, Hot Topics in Employment Law, July 12, 2017

  • BC's Franchises Act

    Speaker, Vancouver, December 5, 2016

  • 16th Annual Ontario Bar Association Franchise Law Conference

    Speaker, The Role of Equity in Franchise Law, Toronto, November 17, 2016

  • Lexpert Professional Development

    Speaker, Duties of Good Faith: Recent Developments in the Law and Practical Implications, Toronto, June 9, 2016

  • International Franchise Association Legal Symposium

    Moderator, Providing Effective Field Support Without Crossing the Joint Employer Line, Washington, DC, May 16, 2016

  • International Franchise Association Legal Symposium

    Moderator, Providing Effective Field Support Without Crossing the Joint Employer Line, May 16, 2016

  • Canadian Restaurant Investment Summit

    Speaker, The Great Renewal Debate, Toronto, April 6, 2016

  • ABA Franchise Law Journal
  • The Advocates’ Society, Workshop Instructor and Speaker
  • CFA Ontario Regional Law Day (2009, 2010) Planning Committee and 2007 Co-chair
  • Havergal College, Board of Governors (2012-2018)
  • IFA Legal Symposium Task Force (2008-2009)
  • LJN’s Franchising & Business Law Alert, Former Member of Editorial Board
  • Vice Chair, College of Electors, University of Toronto
  • Past Chair, Ontario Bar Association Franchise Law Section
  • Academic Board Member, Universtiy of Toronto
  • College of Electors (2018-2022), Former Vice-Chair (2020-2022)

  • Advocates’ Society
  • American Bar Association (member of Litigation Section, Forum on Franchising)
  • Canadian Franchise Association
  • Law Society of Ontario
  • Ontario Bar Association
  • Faculty of Law Toronto Engagement Subcommittee and Fundraising, McGill University
  • International Franchise Association

Financial Post Franchise Focus column

Osler Publications

Other Publications

  • Driving Sales Without Driving You Crazy – The Unique Challenges of Delivery Aggregators in Franchise Systems, Who's Who Legal, November 2019 (co-authored with Dominic Mochrie)
  • Who's Who Legal Franchise 2016 roundtable participant, October 2016 
  • Best Practices for Enforcing Non-Competes and Other Restrictive Covenants, The Advocates' Quarterly, February 2015 (co-authored)
  • Governing Principles and Recent Trends in the Enforcement of Restrictive Covenants in Franchise Agreements, The Advocates’ Quarterly, February 2015 (co-authored with Adam Ship, Rebecca Hall-McGuire and Tyler Wentzell)
  • Franchise (& Distribution) Currents, ABA Franchise Law Journal, Winter 2015 (co-authored with Amy Cheng and Elliot R. Ginsburg)

Media Mentions

Speaking Engagements

  • Best Practices for Enforcing Non-Competes and Other Restrictive Covenants, Ontario Bar Association’s 14th Annual Franchise Law Conference, November 18, 2014 (speaker)
  • One Hundred Days to Trial or Final Arbitration Hearing, 37th ABA Forum on Franchising, October 15-17, 2014 (speaker)
  • Post-Sale Duty to Disclose: Does it Exist, Canadian Franchise Association Law Day, January 30, 2014 (speaker)
  • Who’s Who Legal Franchise Roundtable, September 2013 (participant)
  • Using Negotiation and Mediation to Resolve International Franchise Disputes, 29th Annual IBA/IFA Joint Conference, May 8, 2013 (speaker)
  • Annual Judicial Update, Ontario Bar Association’s 12th Annual Franchise Law Conference, November 6, 2012 (speaker)
  • Franchise Class Actions, Canadian Institute’s National Forum on Class Actions, September 21, 2012 (speaker)
  • Hallmarks of a Viable Class Action, The Canadian Institute’s Class Actions Litigation Boot Camp, April 18 & 19, 2012 (speaker)