Print PageRoundtable Sessions
First Session: 11:00 – 11:30 a.m.Second Session: 11:35 a.m. – 12:10 p.m.
Roundtable Topics include:
1. Social Media
Facilitator: Chad Finkelstein, Partner, Dale & Lessmann LLP
Establishing a social media presence is essential to building brand awareness but what are the implications of permitting individual franchisees to have social media profiles? Explore when and how to establish social media policies for franchisees, employees and users.
2. Managing Defaulting Franchisees
Facilitator: Sylvie Patenaude, Partner, Sicotte Guilbault LLP
Maintaining positive franchisee relations is key to any system’s success but franchisors occasionally must deal with defaulting franchisees. How harsh should you be when enforcing your contractual rights? How do you observe good faith and fair dealing obligations when addressing a franchisee’s default? Discuss strategies and share your experiences at this roundtable session.
3. Franchise Buy Backs
Facilitator: Jonathan Zepp, Partner, Robins Appleby & Taub
This roundtable will address a number of questions related to franchise buy backs. In particular, does the franchisor have any residual risks after a franchise buy back? How can the franchisor ensure it will not be restricted from selling to a new franchisee? Can the franchisor be responsible for any of the selling franchisee’s liabilities? Get the answers to these and other questions at this informative session.
4. Ontario / Quebec Cross Border Issues
Facilitator: Jean Bedard, Principal, Bedard Business Law
They might be bordering provinces but Ontario and Quebec have distinct cultural, legal and economic landscapes that make expansion into each uniquely challenging. This session will explore the benefits of having a cross-border presence, examine the barriers to entry in each market and offer suggestions for overcoming these challenges.
5. Implementing System Change
Facilitator: Debi Sutin, Partner, Gowling Lafleur Henderson LLP
Change and progress often go hand-in-hand but there are a number of legal implications that affect a franchisor’s ability to implement system-wide changes. How does the Duty of Fair Dealing impact a franchisor’s right to modify the system? Should franchisors collaborate with franchisees when developing system changes? Learn and share best practices for implementing system change.
6. Mediation / Arbitration
Facilitator: Steve Goldman, Partner, Goldman Hine LLP
Disputes between franchisors and franchisees can often be kept out of court through mediation or arbitration. How can franchisors effectively use these methods of dispute resolution and what are the pros and cons of each? Should your franchise agreement address arbitration and mediation and what are the implications of failing to do so? Explore these and other issues related to dispute resolution.
7. Renewals and Transfers
Facilitators: Daniel So, Partner, and Melissa Won, Lawyer, McKenzie Lake Lawyers LLP
In light of recent court rulings, how can franchisors ensure compliance with the Arthur Wishart Act throughout the renewal process? Is there any place for releases in the renewal context in the aftermath of recent case law? What level of franchisor involvement is appropriate upon the transfer of an existing franchised business? Gain clarity on these issues and more with this timely session.
8. Non-competition Covenants
Facilitator: Derwin Wong, Associate, Morrison Brown Sosnovitch LLP
As a franchisor, how can you prevent franchisees from using what they learn in your system to compete against you in the future? This session explores the practical and legal considerations for enforcing non-competition covenants.
9. Disclosure
Facilitator: Richard Leblanc, Partner, Miller Thomson LLP
Exactly what and how much information are you required to disclose to prospective franchisees? What qualifies as part of a franchise agreement and how do you treat internal issues that could impact your system? Discuss your rights and responsibilities with respect to franchise disclosure.
10. Class and Multi-Party Actions
Facilitator: Jonathan Lisus, Partner, Lax O' Sullivan Scott Lisus LLP
Class action lawsuits can seriously harm a franchisor’s reputation. Learn what you can do to avoid them and what franchisees can do to justify them at this important roundtable discussion.