Category Archives: Practice Areas

Franchising

Are you considering franchising as an option for starting a business? Are you interested in growing an already successful business by franchising across the country? If so, we are here to help. When someone thinks about expanding his business, franchise is one best way to achieve the expansion. Since it involves different people such as franchisee and franchisor, there are probable chances that confusion or problems may occur.

We can assist you in the following ways:

  • Franchise Your Business.
  • Purchase a Franchise.
  • Dispute Resolution Services.

We can help you out with different kinds of franchise matters. In any franchise there is a Franchisee and a Franchisor. The Franchisor give the Franchisee authority to the use the Franchisors’ trademarks. The Franchisee pays a fee to the Franchisor. Further, the Franchisor has significant control in the operation and stake of the business. We at Ontario Franchise Lawyers assist both Franchisees and Franchisors with the preparation and counseling of franchise agreements and disclosure documents, among others.

Important steps for starting of franchise are:

  • Incorporate your business
  • Create and/or Register your Trademarks
  • Examine and outline the Financial Goals you wish to Establish for your Franchise
  • Determine the Structuring of your Franchise(s)
  • Analyze Employment Issues and Supplier Contracts

There are several agreements that revolve around franchise for which we can assist you, they are:

  • Product and service distribution agreement
  • Product licensing agreement
  • Manufacturing agreement
  • Intellectual property agreement
  • Trademarks agreement
  • Patents and copyrights agreements and
  • Other documents of franchise recruitment kit

It is anticipated that problems can occur at any time between the Franchisor and the Franchisee with respect to any part of the agreement i.e. either the franchisee or the franchisor may be dissatisfied at one point in time with the manner in which the franchise is being operated vis-à-vis the agreement. Our lawyers have extensive experience acting for both franchisors and franchisees in franchise default and termination situations including lease terminations, realization on assets and security, receiverships, bankruptcy and injunctions to enforce non-competition provisions of franchise license agreements, among others. Accordingly, because we understand both aspects of franchisor and franchisee transactions, we provide suitable franchise litigation services for both franchisees and franchisors.

Who is a Franchisor?

The Franchisor is the company owning or controlling the rights to grant franchises to potential franchisees. Franchising is a long-term cooperative relationship between two entities, a franchisor and one or more franchisees that is based on an agreement in which the franchisor provides a licensed privilege to the franchisee to do business.

There are many misconceptions about franchising, but probably the most widely held is that you as a franchisee are “buying a franchise.” In reality you are investing your assets in a system to utilize the brand name, operating system and ongoing support of the franchisor. You and everyone in the system are licensed to use the brand name and operating system. The business relationship is a joint commitment by all franchisees to get and keep customers. Legally you are bound to get and keep them using the prescribed marketing and operating systems of the franchisor.

To be successful in franchising, you must understand the business and legal ramifications of your relationship with the franchisor and all the franchisees. Your focus must be on working with other franchisees and company managers to market the brand, and fully use the operating system to get and keep customers.

Cross Border and International Franchising

Canada has long been, and will continue to be, the most lucrative foreign market for the United States franchisors that expand internationally. While the laws regulating franchising in Canada are less restrictive than their counterparts in the U.S., franchisors still require a complete and comprehensive strategy – legal and otherwise – prior to jumping across the border and offering franchises in Canada.

Five provinces in Canada have passed franchise laws: Alberta, Manitoba, New Brunswick, Ontario, and Prince Edward Island. British Columbia is also considering franchise disclosure legislation. The Canadian Franchise Association (CFA) recommends that its franchisor members use a franchise disclosure document throughout Canada.

Contracts & Agreements

There are many times when you go through breach of trust in business and that is the time when you actually require people who are experienced in business litigation. There are probable chances that you might have lost some finances as well. In such a case, the experienced lawyers are required fight the case for you.

We at Ontario Franchise Lawyers have long tradition of legal excellence. Our erudite lawyers are known for their detailed research, dedication and professionalism. We usually represent individuals, businesses and professionals. Though we offer a wide range of legal services, we excel in disputes related to contracts and agreements.

In addition to the above, our experienced team of contracts and agreement lawyers also prepare:

  • business contracts
  • real estate contracts
  • employment contracts
  • purchase and sales agreements
  • independent contractor agreements
  • contracts for the sale of goods, services and equipment
  • non-disclosure and non-compete agreements
  • cohabitation agreements
  • separation agreements and
  • marriage contracts

With such a wide range of services, we aim at providing the best solution to your particular problem. To achieve the best result, we offer customized services to our clients. With a team of proactive, highly skilled and trained professionals, we strive to provide best litigation services in any type of contract and agreement disputes.

Finally, our lawyers represent clients in all the different phases of dispute resolutions such as:

  • pre-claim negotiations
  • mediation
  • arbitration
  • trial and
  • appeal

Corporate & Commercial Law

Our Corporate Commercial practice provides advice and assistance to business enterprises from startups to large and sophisticated corporations. Initiating, handling and running a business successfully is certainly a daunting task. It is very common to find people who are trapped in different problems in the corporate and commercial world. We at Ontario Franchise Lawyers will help you in resolving your corporate and commercial law issues while safeguarding your interests as well. We usually provide highly efficient corporate commercial legal services such as:

  • Commercial Agreements
  • Incorporations (federal and provincial)
  • Partnership Agreements
  • Structuring and establishing and organizing a business
  • Registering Business Names, Domain names, Trade-marks, Patents and Copyrights
  • Shareholder Agreements
  • Joint Venture Agreements
  • Share and Asset Purchase Agreements
  • Amalgamations and Reorganizations
  • Dissolutions and Winding ups
  • Corporate Governance Issues, Corporate Disclosure Matters and Corporate Compliance
  • Acquisitions, Mergers and Divestitures
  • Protection of Intellectual Property including Licensing, Distribution Confidentiality and Outsourcing Agreements
  • Advising on Provincial and Federal Regulatory Compliance Requirements
  • Sale of Goods Agreements
  • Service Contracts
  • Employment Agreements
  • Legal Opinion Letters
  • Contract Review and Markups
  • Technology Licensing and Transfer Agreements
  • Confidentiality and Non-compete Agreements
  • Consulting Agreements
  • Equipment Leases
  • Entertainment Agreements including Recording Contracts
  • Distribution Agreements
  • Sales Agency Agreements
  • Franchise Agreements

With a perfect blend of experience and expertise, we offer cost-effective, timely litigation services. Moreover, the services offered by us will certainly meet the specific requirements of our clients. In addition, in the event that you also wish to get a specialized litigation services related to commercial and corporate law, we are also available to assist you.

E-Commerce & Technology

Similar to other business law sectors, e-commerce and technology have rules and regulations that regulate and govern their overall functioning. Both sectors are so vast and dynamic that problems naturally arise for business owners who wish to navigate them. We provide comprehensive and specialized advice and legal services in all aspects of e-commerce, e-regulatory compliance, software-related transactions, privacy and domain names, trade-marks, copyrights, online advertising and cross-border transactions, among others. When you find yourself grappling with any aspect of e-commerce and technology, we at Ontario Franchise Lawyers are available to assist you. We are here to advice you of your rights and obligations and can also help you in drafting pertinent e-commerce and technology documents as well.

The Information Technology sector has laws that govern computer software and hardware protection, access and control of digital information, internet access and usage, privacy issues, IT security, and electronic commerce. There are vast numbers of legal documents that fall under the ambit of IT laws and for which we can assist you. We can assist you with the following:

  • Trade Name Assignment
  • Trademark Assignment
  • Non-disclosure Agreement
  • End User License Agreement
  • Software License Agreement
  • Non-Disclosure and Confidentiality Agreement
  • IT Independent Contractor Agreements
  • Identifying Anonymous Defamers
  • Legal Service Agreements
  • Source Code Ownership and Escrow Agreements

We are experienced in all aspects of e-commerce and technology and strive to be on top of technology and e-commerce in the present day dynamic e-commerce and technology-driven world. In other words, we provide a dynamic solution to the ever changing world of e-commerce and technology. We draft software license agreements that assist our clients to protect their intellectual property rights and commercial transactions. It would be our pleasure to apply our robust technology background to your software transactions.

Now coming to the Internet activities and related laws, specific legislation has been enacted in order to govern electronic transactions and e-commerce. Within e-commerce also, there are several issues for which there can be a problem such as consumer protection, online advertising and many more.

Out skilled and experienced lawyers provide the following e-commerce service:

  • Website development deals and disputes
  • Protecting your domain name
  • Internet advertising agreements
  • End User agreements
  • Data encryption and protection standards agreement
  • Online contract formation and many more

So, whether you have any question regarding e-commerce or technology or you are going through any trouble associated with any of these sectors, please do not hesitate to contact our adept and experienced e-commerce and technology lawyers who will help you find a better way out to your problem.

Litigation

Litigation is a process through which people can resolve their differences over legal matters so that they don’t go out and fight with each other over their problems. It also provides a person who will decide the matter in favor of one or the other by applying the appropriate laws to the situation, just like Mommy does when two siblings are arguing over something. Lastly, it keeps us lawyers in business.

What does litigation lawyers do?

The litigation attorneys are also known as ‘litigators’ or ‘trial lawyers’, and represent plaintiffs and defendants in civil cases and also manage various phases of the litigation process from investigation, pleading and discovery to pre-trial, trial, settlement and appeal. Litigation lawyers usually appear before courts or arbitral tribunals in a variety of matters. Civil litigators handle cases like personal injury, landlord-tenant, and breach of contract whereas criminal litigators handle all cases that appear in criminal courts (where a person is being prosecuted by the state or federal government).

Role of litigators:

Litigation attorneys more often conduct an initial case investigation in order to determine, the plaintiff’s case, if enough evidence exists to file a lawsuit or, in the defendant’s case, what evidence exists to defend a potential suit. The investigation process may include:

  • Locating witnesses
  • Taking witness statements
  • Gathering documents
  • Interviewing the client and
  • Investigating the facts leading to the dispute.

Litigation attorneys often engage in pre-litigation settlement discussions to resolve the matter before a lawsuit is filed.

Some of the services offered by the Ontario Franchise Lawyers are as follows:

  • Franchise litigation
  • Breach of fiduciary duty claims
  • Contract disputes
  • Patent, Copyright and trademark litigation
  • Leasing litigation
  • Commercial disputes
  • Construction liens
  • Partnership and Shareholders’ disputes
  • Injunctive relief
  • Oppression remedy
  • Internet defamation
  • Internet Libel

Life has its own twists and turns. That is the reason why many people end up in courts trying to resolve their matters with the help of litigators. Here at Ontario Franchise Lawyers, we will assist you in any dispute that you are confronting. We have a team of seasoned litigation lawyers who are here to help you on different types of cases and courts.

Our erudite lawyers have enormous experience in handling cases in courtrooms and also obtaining good results. Moreover, our lawyers are dedicated and proactive at all stages of their matters so that they can easily resolve the cases quickly and more efficiently. Above all, we provide our litigation services at cost effective rates so that anyone in need can obtain requisite qualitative services at an affordable rate. We will be pleased to help you in every possible manner, whatever may be the case, so long as it is related to litigation.

We represent clients inside and outside courtrooms with full professionalism and ensure our clients receive the highest level of satisfaction. We listen patiently to our clients and understand their need for communication and status updates. After gathering enough information from a client, our skilled and erudite lawyers prepare themselves to handle the case in both outside and inside the courtroom with full confidence.

We advise individuals and business that have litigation, arbitration, mediation, or negotiation and assist them to resolve their disputes, whether it be over on a contractual breach, franchise matter, trademark infringement, patent infringement, copyright dispute, tort action, or the like. Our litigation services include the follows:

  • Leasing litigation
  • Trademark, patent and copyright litigation
  • Franchise litigation
  • Breach of fiduciary duty claims
  • contract disputes
  • leasing litigation
  • commercial disputes
  • Construction liens
  • Partnership and Shareholders’ disputes
  • Injunctive relief
  • Oppression remedy
  • Internet defamation
  • Internet Libel
  • False Internet Publications
  • Posting false things on internet
  • Telling lies on internet
  • Libel and slander (print & online)

Whenever you find yourself in a litigation or court matter, feel free to get in touch with our experienced and skilled litigation lawyers. If you need a litigation lawyer, our lawyers are always available for you.