Jennifer  Dolman

Jennifer Dolman, Partner, Litigation

Contact Information

  • tel: 416.862.5911
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Bar Admission

Ontario, 1991

Education

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

Office

Toronto

Language(s)

English

Biography

Jennifer conducts a broad commercial litigation practice with an emphasis on assisting Canadian and international franchisors with their business critical disputes, including defending claims under Ontario’s Arthur Wishart Act for rescission, breach of the duty of good faith, statutory misrepresentation, and interference with the right to associate, enforcing terminations, and defending franchise group and class actions. She also regularly represents manufacturers and suppliers in their disputes with agents and distributors, and in particular, termination issues. Jennifer handles intellectual property matters (including trade-mark and copyright infringement and the protection of trade secrets and confidential information), defamation (including statements made via the Internet), privacy, and employment. She has 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’s practice spans a broad range of industries, including quick service restaurants, retail, pharmacy, automotive, real estate, hospitality, manufacturing and technology. Jennifer has appeared before all levels of the Ontario and Federal Courts. Prior to commencing her litigation practice at Osler, she clerked for the Chief Justice of the Ontario Court (General Division) from 1991 to 1992.

Jennifer is very active on social media. You can connect with her on www.linkedin.com/in/jenniferdolman and www.twitter.com/jenniferdolman. Jennifer also writes a regular online franchise column for the FP Entrepreneur.  Her posts are available at: http://business.financialpost.com/author/fpjenniferdolman/.

Notable Matters

  • 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.
  • 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.
  • General Motors of Canada Limited in the defence of various on-going proceedings, including a class and group action, relating to the reduction of its Canadian dealer network.
  • 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.
  • Shoppers Drug Mart Inc. in its current defence of a prospective class action brought on behalf of its Associates.

Affiliations

  • Advocates’ Society (regular instructor at discovery and cross-examination workshops)
  • American Bar Association (member of Litigation Section, Forum on Franchising and Franchise Law Journal Editorial Board)
  • Canadian Franchise Association
  • Intellectual Property Institute of Canada
  • Law Society of Upper Canada
  • Ontario Bar Association (member of Class Action, Civil Litigation, E-commerce and Technology, Franchise Law and Privacy Sections)

Industry Recognition

  • Canadian Legal Lexpert Directory 2011-2014: Franchising Law (Most Frequently Recommended)
  • Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada 2013-2014: Franchising Law
  • Best Lawyers in Canada 2008-2015: Franchise Law (Toronto Franchise Lawyer of the Year for 2012)
  • Who’s Who Legal: Franchise 2014: named one of the top 10 most highly regarded lawyers in North America (described as “very visible” in the legal market due to the “significant cases” she litigates; peers praise her “masterly courtroom performances” and describe her as a “brilliant tactician”)
  • Who’s Who Legal: Canada since 2010: Franchise (“well regarded by peers for her litigation practice focused on representing franchisors,” 2014 edition)
  • The International Who's Who of Franchise Lawyers since 2009
  • Franchise Times Legal Eagle 2011-2014 (described in 2013 edition as "the 'go-to' franchise litigator in Canada", and recognized in 2014 edition as being a “creative, experienced problem-solver [and having] successfully resolved dozens of disputes...“)
  • OBA Markus Cohen. Q.C. Memorial Award for Franchise Law, 2011

Publications/Events/Education

Financial Post Franchise Focus column

Osler Publications

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)

Pro Bono/Community Work

  • ABA Franchise Law Journal, Editorial Board
  • The Advocates’ Society, Workshop Instructor
  • CFA Ontario Regional Law Day (2009, 2010) Planning Committee and 2007 Co-chair
  • Havergal College, Board of Governors
  • IFA Legal Symposium Task Force (2008-2009)
  • LJN’s Franchising & Business Law Alert, Editorial Board
  • Ontario Bar Association Franchise Law Section, Vice-Chair (2014-2015) and former Secretary and Program Coordinator