Franchise Litigation

Overview

Osler’s franchise litigation lawyers serve as counsel to a wide array of leading Canadian, American and international franchisors. Our ongoing success stems from our solid understanding of the unique concerns of franchisors in the litigation of franchise disputes, and our ability to transform that understanding into successful outcomes in a variety of litigation matters, large and small. As a highly regarded leader in franchise law in Canada, Osler provides solid expertise and dynamic litigation skills to all of its franchisor clients.

The arrival of franchise legislation in several provinces in Canada has changed the legal landscape for many franchisors and altered the existing commercial dynamic of the franchisor/franchisee relationship. Osler lawyers have helped their clients navigate their way through the complexity of these new and often franchisee-friendly statutory regimes.

Our franchise litigation lawyers work closely with our firm’s franchise and distribution lawyers to ensure that a full range of knowledge and services are brought to bear on litigation matters. We work together and use our combined franchise expertise to help our clients avoid disputes and litigation with their franchisees, and to manage our clients’ needs from the initial decision to franchise in Canada to any litigation arising out of our clients’ business.

Osler’s franchise litigators advise on a wide range of litigation matters including:

  • Default, termination and injunction proceedings and litigation strategy;
  • Class actions;
  • Restrictive and non-competition covenants;
  • The Arthur Wishart Act (Franchise Disclosure), 2000, in Ontario, as well as franchise legislation in other Canadian provinces;
  • Allegations of unconscionability, duress, negligence, negligent misrepresentation as well as breach of fiduciary duty.

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Related Expertise

Jennifer Dolman

Partner, Litigation
Toronto

Tamara Prince

Partner, Litigation
Calgary