Éric Préfontaine Éric Préfontaine

Specific consumer issues when doing business in Québec

The Québec Consumer Protection Act (CPA) presents many unique issues for businesses with Québec consumers. Here are the key tips and trends to...

Is a franchisee an employee?

The nature of the franchise agreement is that the franchisor exercises some control over the way the franchisee operates its company.

“Who did I make a deal with?” – the sequel: Québec Court of Appeal confirms authorization of a consumer class action for false representations against a franchisor

On November 17, 2016, we published a blog post on a Superior Court of Québec judgment that authorized a consumer class action against, among others,...

Supreme Court of Canada confirms the validity of perpetual contracts

In a ruling dated July 28, 2017, a majority of the Supreme Court of Canada affirmed the validity of perpetual contracts in Québec law.

The Court of Appeal confirms that the franchisor’s duty to inform can extend to third parties

In the case of Camions Daimler Canada ltée c. Camions Sterling de Lévis inc., 2017 QCCA 798, the Court of Appeal confirmed that the duty to inform...

The importance of signing a proper franchise agreement

The case of Duchesneau c. Gestion Milsa inc., 2017 QCCS 1593 serves as a reminder of the importance of signing a franchise agreement before starting...

Establishing and maintaining privilege during data security incidents

Here are practical steps and best practices that you can implement to ensure that privilege is protected during a data security incident.

Estimating franchise start-up costs: A shared responsibility

In a recent decision, the Superior Court of Québec reiterated that the franchisor has an obligation to inform a prospective franchisee of start-up...

Franchisors: Beware of consumer class actions

Consumers often assume that they are dealing with a franchisor, when, in fact, they are transacting with a franchisee that uses the franchisor’s...

La Belle Province: A practical business guide to key legal issues when franchising in Québec

Osler franchise law experts Andraya Frith, Éric Préfontaine and Gillian Scott offer practical legal insight and analysis on the approach to...