What You Need to Know Prior to Purchasing a Franchise

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

When Anton Piller Orders Go Wrong!

W. Xavier Navarrete

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