EXPERIENCE

FRANCHISE COURT DISPUTES

- Acting for a national franchisor and its parent company in the cannabis retail industry in an appeal before the Alberta Court of King's Bench related to the successful defence of arbitration proceedings brought by a group of franchisees

- Acting for a group of franchisees in a franchise system seeking non-renewal and termination in the health care industry

- Acting for an international health care franchisor in ongoing injunction proceeding in the B.C. Supreme Court relating to termination of a multi-unit Franchise Agreement

- Ongoing representation to a large national master-franchisee in the QSR industry in disputes with sub-franchisees, including an ongoing termination dispute in the Alberta Court of King’s Bench

- Representing a national casual dining franchisor in a statutory rescission case, successfully defeating summary judgement (2462192 Ontario Ltd. v. Paramount Franchise Group Inc., 2019 ONSC 2962)

- Representing a national early childhood education franchisor, including litigation against two former franchisees that purported to rescind for fraud (New Beginnings Early Learning v. CEFA Systems Inc., 2018 BCSC 2417)

- Representing a national telecommunications provider in numerous dealer disputes, including a (1) large multi-dealer litigation matter concerning system changes and (2) several individual claims by dealers.

- Advising Suzuki Canada in the discontinuation of its automotive dealer network in Canada and representation in related litigation and an arbitration commenced by the majority of its dealers

- Representing MolsonCoors in litigation to enforce certain master distribution and licensing rights in Canada (Molson Canada v. Miller Brewing Company, 2013 ONSC 2758)

FRANCHISE ARBITRATION EXPERIENCE

- Representing a national franchisor and its parent company in the cannabis retail industry in an expedited arbitration brought by four of its franchisees, in relation to the acquisition of a different brand, including a pending appeal to the Alberta Court of King’s Bench

- Representing an international home care franchisor in two dozen arbitration matters brought by a group of franchisees relating to system changes and COVID-19 related policies

- Representing a national nursing franchise in a mediation-arbitration matter concerning statutory rescission of the franchise agreement

- Representing a national QSR franchisor in an expedited arbitration brought by a terminated franchisee seeking permanent injunctive relief

- Representing a national daycare franchisor in a contested arbitration relating to termination of a franchise agreement for operational breaches.

OTHER NOTABLE LITIGATION EXPERIENCE

- Acting for a purchaser of a real estate portfolio in a contested working capital adjustment dispute (Elad Canada Operations Inc. v. Rester Ontario Investments Inc., 2022 ONSC 2327)

- Acting for a securities issuer in a dispute with an underwriter relating to indemnities (Clarus Securities Inc. v. Aphria Inc., 2021 ONSC 3720)

- Successfully defending RBC in a claim by a business customer related to alleged credit card fraud and chargeback issues (Aeon Sodding Corp. v. The Royal Bank of Canada, 2020 ONSC 4520)

- Representing TD Bank before the Competition Tribunal related to licensing arrangements with Visa and MasterCard (Commissioner of Competition v. Visa Canada et al, 2013 CACT 1)

- Successful appeal and rehearing of a multiparty dispute under a long-term sponsorship agreement (Labatt Brewing Co. v. NHL Enterprises Canada (2011), ONCA 511, 106 O.R. (3d) 677)

OTHER NOTABLE ARBITRATION EXPERIENCE

- Representing the vendor in the forestry industry in a contested working capital adjustment dispute with the purchaser, before an independent valuator

- Representing the purchaser of a real estate portfolio in a contested working capital adjustment dispute before an independent auditor

RECENT FRANCHISE TRANSACTIONAL WORK

- Acting as franchise counsel to SNDL Inc. in its strategic partnership arrangement with Nova Cannabis Inc., in which franchise rights were granted

- Representation to numerous national franchise systems in the QSR, casual dining, health care, telecommunications and education industries, including for disclosure documents, unit-level transactions and ongoing franchisee relations

- Franchise counsel to Brookfield Asset Management in its $4.3 billion acquisition of Enercare Inc., which included franchised operations in Ontario

- Assisting a national quick service restaurant master franchisee with negotiations concerning its Master Franchise Agreement and Unit Franchise Agreement in Canada

- Acting for several new franchise systems in system design and development, including new franchise agreements and franchise disclosure documents

- Advising prospective franchisees in numerous systems review and consider franchise agreements and disclosure documents

NOTABLE CLASS ACTIONS EXPERIENCE

- Representing MolsonCoors in a $1.4 billion competition class action relating to the distribution of beer in Ontario (Hughes v. Liquor Control Board of Ontario, 2018 ONSC 1723 and 2019 ONCA 30)

- Representing a chartered bank in national competition class actions related to licensing arrangements with Visa and MasterCard (Coburn and Watson’s Metropolitan Home v BMO Financial Group, 2019 BCSC 1456) Representing PayPal in a $150 million national class actions relating to foreign exchange transactions and consumer protection issues (Kaplan v. PayPal CA Limited, 2021 ONSC 1981)

- Representing TD Bank in a national class action concerning NSF fees (Dufault v. Toronto Dominion Bank, 2022 ONSC 2397)