Print PageConcurrent Workshops
Note: Attendees can choose one session to attend from each concurrent session group.Group 1: 9:50 – 10:50 a.m.
Workshop 1:
Support by Franchisors - How Much Is Required by Law?
John Rogers, Davis LLP
Derek Ronde, Cassels Brock & Blackwell LLP
The obligations of franchisors to franchisees in respect of day-to-day support is an often overlooked and under-analysed topic in the area of Canadian franchise law. John Rogers and Derek Ronde examine what constitutes the requisite level of franchisee support, detail recent reported cases on this topic, and provide general suggestions intended to assist franchisors in meeting the standards required by law.
Workshop 2:
Risky Business? Exemptions from Disclosure
Darrell Jarvis, Fasken Martineau Dumoulin LLP
George Eydt, Hodgson Russ Attorneys LLP
The Arthur Wishart Act contains a number of exemptions from the obligation to provide a disclosure document to a prospective franchisee. While on their face some of the exemptions may look attractive, many lawyers and franchisors view these exemptions as ‘traps for the unwary’. This session will look at the possible exemptions and explore when they may be safe to use and when they are better left alone.
Group 2: 1:30 – 2:30 p.m.
Workshop 3:
Valuing Franchises
Ned Levitt, Aird & Berlis LLP
Bruce S. Schaeffer, Franchise Valuations Limited
This plenary session will delve into the often misunderstood area of franchise valuations. The panel will explore the modern valuation principles in a wide range of franchise scenarios including M&A and partnership disputes as well as the separate characteristics of master franchises, area/territorial franchises, unit franchise re-sales and entire franchise systems. The panel will also discuss the challenging area of damage valuations in litigation and the all too often neglected valuation issues for succession and retirement planning. The panel will also review current data on valuation multiples such as EBITDA and percentage of sales and discount rates in the current economic environment.
Workshop 4:
Don’t Send That Email! – What Canada’s New Anti-Spam Legislation Means For You?
Dominic Mochrie, Osler, Hoskin & Harcourt LLP
Bernice Karn, Cassels Brock & Blackwell LLP
When it comes into force, Canada’s new anti-spam legislation will impose onerous obligations on any business sending commercial email, not just what is typically thought of as “spam”. Given the significant financial penalties and the private right of action, franchisors need to know how this legislation will affect their operations.
Group 3: 2:35 – 3:35 p.m.
Workshop 5:
Understanding Your Right to Terminate: Legal and Tactical Considerations on the Breakdown of the Franchisee Relationship
Jane Langford, McCarthy Tetrault LLP
Allan Dick, Sotos LLP
Every franchise system requires some method by which the franchisor can terminate or “non-renew” a franchisee, whether for performance-related reasons or to effect system-wide changes for the good of the network. The exercise of termination or non-renewal rights, however, has perhaps the greatest potential to lead to litigation vis-à-vis other rights. This presentation will explore a number of the legal and tactical considerations that arise in this context.
Workshop 6:
Taxation of Franchises: From Home and Abroad
Jack Hertzberg, Harris & Partners LLP
Michael Friedman, McMillan LLP
Careful advance tax planning is often critical to stress-free franchise expansion into Canada. This session will provide a pragmatic guide to identifying the Canadian tax issues and opportunities that franchisors and franchisees encounter throughout the franchise life-cycle, from the commencement of a franchising relationship through the sale of successful operations.