Canada: Franchise
Franchise remains a popular platform for businesses and enterprises in Canada, with a trend of franchises emerging in health-care and home-care services. As a result of recent global economic difficulty, disputes have become more common, and litigators in the sector have been assisting franchisors and franchisees in disputes surrounding exit strategies and failing franchises. In this chapter we have selected 22 lawyers for their accomplished services to clients.
Gowling Lafleur Henderson LLP has three lawyer inclusions. In Vancouver, Leonard Polsky is “renowned” for his domestic and international franchising and distribution knowledge. Co-chair of the firm’s franchise and distribution law national practice group, Polsky’s expertise is “highly sought after”. Alongside him in the Vancouver office, Peter Snell complements his franchise and distribution law practice with intellectual property and trademarks law knowledge. Debi Sutin, who splits her time between Toronto and Hamilton, aids franchisors in the establishment and operation of their franchise systems.
Sotos LLP features three lawyers. Founding partner John Sotos, considered “excellent” by our interviewees, specialises in advising on domestic and international franchising, licensing and distribution law. Arthur Trebilcock who is “highly rated” focuses on franchising and licensing. Peter Viitre, who is currently the continuing legal education liaison of the Ontario Bar Association’s franchise law sector, advises on all aspects of franchise law. He assists in the preparation of agreements and disclosure documents, regulatory compliance, fair dealing, disputes and terminations.
Osler Hoskin & Harcourt LLP fields two nominees in this chapter, both based in the Toronto office. Andraya Frith’s practice focuses on assisting foreign franchisors and retailers with their expansion into Canada. Noted for her “know-how and skill” in this sector, she also aids franchisors with their online businesses and offers intellectual property support. Jennifer Dolman, a “top-class litigator”, focuses her practice on franchise and distribution disputes, with particular expertise in injunctions and emergency applications. She has appeared before all levels of the Ontario and federal courts.
Lawrence Weinberg of Cassels Brock & Blackwell LLP advises on all franchise matters from licensing to distribution. A “dean of the franchise law” he has spoken at numerous seminars on franchising, licensing and distribution. Also listed from the firm is Geoffrey Shaw, a commercial litigator who specialises in franchise disputes and regularly acts for franchisors in class proceedings.
Fraser Milner Casgrain LLP receives two lawyer listings. Stéphane Teasdale is chair of the national franchise and distribution group and co-head of the commercial group in the Montreal office. He advises prominent franchise systems expanding internationally as well as those entering the Canadian market for the first time. The “outstanding” Norman Issley has experience advising clients on franchising agreements. His specialist knowledge of pharmacy and pharmacology enables him to advise commercial clients in these industries.
Frank Zaid, of ADR Chambers is a “leading expert” in the field of franchise, is consistently one of the most highly nominated individuals in our research. He advises both Canadian and international franchisors on all Canadian franchise legal matters and in 2009 the Canadian Franchise Association awarded him the lifetime achievement award.
Joseph Adler of Hoffer Adler LLP is a “knowledgeable practitioner” who serves as counsel for domestic and foreign franchisors in Canada and Canadian franchisors expanding abroad. In addition he acts for multi-unit franchisees and franchisee associations.
At Jones & Co Law Office, Paul Jones advises on franchise systems and licensing and distribution programmes to Canadian and foreign franchisors. He has written papers on Canadian and Chinese franchise laws.
Edward Levitt at Aird & Berlis LLP is chair of the firm’s franchise and distribution law group. “Highly regarded” for his expertise in this sector, he has over 35 years’ experience practising in this field, representing some of the world’s foremost franchises.
At Davis LLP in Toronto, John Rogers chairs the franchise and distribution practice group, regularly representing clients throughout Canada, the US and Mexico.
Daniel Zalmanowitz of Witten LLP is a “leader in Alberta” in this field according to our research. He acts as counsel to Beth Israel Synagogue and Our Parents Home.
At the Vancouver office of Borden Ladner Gervais LLP, national leader of the franchise and distribution group Blair Rebane is a “go-to guy” for advice on all franchise matters.
Bruno Floriani of Lapointe Rosenstein Marchand Melançon LLP is knowledgeable in franchising and international licensing law.
Tony Wilson at Boughton Law Corporation acts for both national and international franchisors in negotiating agreements, and preparing the related documentation. He has an “impressive” client list representing the hotel, restaurant and hospitality industry.
“Leading litigator” Pascale Cloutier at the firm Miller Thomson LLP offers specialist commercial litigation in franchising.