Franchise Law

As former leader of a national franchise practice, Adam helps franchisees and franchisors across the entire lifecycle of a franchise system. Adam offers franchise law services in the following areas and works with contract lawyers to offer integrated team solutions:

- Setting up and establishing franchise systems
- Advising franchisees and master franchisees in reviewing franchise agreements and in managing their relationships with franchisors
- Advising clients on franchisee relations, including risk mitigation and best practices
- Designing, introducing and implementing system changes
- Drafting and customizing franchise disclosure documents and material change statements
- Drafting and negotiating unit, master franchise and area development agreements
- Representing franchise clients in disputes, including multi-party matters and class actions involving franchise systems
- Partnering with local counsel, as needed, for comprehensive, integrated and seamless representation across jurisdictions


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.

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