Franchise Law

Litigation

The courts in Ontario have recognized that there is an inequality of bargaining power between franchisors and franchisees. To overcome this power imbalance you need a strong advocate who will fight for your legal and business interests. At Navarrete Perinot p.c. we have developed one of the strongest franchisee litigation practices in Ontario, with a number of novel and effective approaches to solving your litigation problems.

At Navarrete Perinot p.c. we have extensive experience in assisting franchisees with a variety of matters against some of the leading franchisors in the country. We have had success in assisting franchisees with the following type of matters:

• Rescission of franchise agreements under the Arthur Wishart Act (Franchise Disclosure)
• Claims for violation of the duty of good faith under the Arthur Wishart Act (Franchise Disclosure)
• Claims for misrepresentations under the Arthur Wishart Act (Franchise Disclosure)
• Interlocutory injunctions preventing franchisors from taking over a franchise premise
• Interlocutory injunctions preventing franchisors from interfering in the operation of a franchise
• Applications invalidating non-compete provisions
• Applications declaring advertising, royalties and other franchise fees to be in violation of the good faith provisions under the Arthur Wishart Act (Franchise Disclosure)

If you are experiencing problems with your franchise, whether they are financial or administrative, contact Navarrete Perinot p.c. We can often intervene to remedy the franchisor-franchisee relationship before it deteriorates into long drawn out litigation.

For those franchisees who have been in a franchise relationship for less than two years contact our office for a free ½ hour review of your franchise agreement and disclosure package to ensure that it complies with the Arthur Wishart Act (Franchise Disclosure).

For further information contact Xavier Navarrete at xnavarrete@nplaw.ca

Business Services

Navarrete Perinot p.c. has extensive experience representing parties in franchise disputes (see our Franchise Litigation services area). This litigation experience, however, has allowed Navarrete Perinot p.c. to develop an in depth understanding of the potential problems facing both franchisees and franchisors. This understanding has placed us in an ideal position to foresee future problems in franchise relationships and, more importantly, to provide legal representation and advice that avoids the need for franchise litigation in the first place. In particular, Navarrete Perinot p.c. has extensive experience in:

• Reviewing franchise agreements and disclosure packages to ensure compliance with Ontario law (the Arthur Wishart Act (Franchise Disclosure))
• Reviewing renewal franchise agreements of existing franchisees
• Establishing a franchise system (including preparing all disclosure documents, lease agreements, licenses, as well as registering trade-marks and copyrights)

For further information about our franchise law business services please contact Glen Perinot at gperinot@nplaw.ca