Xavier Navarrete and Glen Perinot
As a litigation lawyer, I would estimate that 70% of the franchise work I do is for franchisees that are experiencing problems in operating a franchise or are experiencing problems with the franchisor’s demands. The tragedy is that clients often come to see me after they have already purchased the franchise and often after their life savings have been depleted trying to operate the franchise. Many of the problems experienced by franchisees that I typically encounter could have been avoided, or could have been spotted with a little due diligence by the franchisee, prior to paying money over to the franchisor. Read more
An Ontario court has ordered an applicant to pay damages for trespass and full indemnity costs for executing Anton Piller Order on the wrong party and at the wrong address.
In October 2008, Justice Hoy of the Ontario Superior Court of Justice in Multimedia Global Management v. Soroudi, [2008] O.J. No. 4383, ordered an applicant to pay damages for trespass and to pay full indemnity costs to an innocent third party. After obtaining an Anton Piller Order (APO), the applicant executed the APO on a gentleman who happened to have the same name as the target respondent (the innocent man was 65 years old, while the target respondent was 35 years old). The APO was also executed at the wrong address and the applicant seized documents outside the scope of the APO Read more
In its fight against piracy Microsoft may win a battle, but it still remains to be seen whether it will win the war.
That is how a couple of industry insiders are reacting to Microsoft Canada Co.’s latest lawsuits against six Ontario system builders for allegedly selling unlicensed copies of their software on computers.
If you ask me whether targeting only six people is just, when hundreds and thousands are doing similar things, I would say no, but targeting people who are engaging in piracy is right. Read more