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Franchising Law


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We provide advice to some of the best-known brands in the world, and support companies as they expand into franchising. Our work has helped reshape how franchise agreements and contracts operate across Canada and beyond. 
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Overview

The industry is no longer typified by a single-franchisee operation or a few exclusive locations. Now, franchisees typically operate more than one location and, sometimes, more than one type of business.

We create master franchise arrangements, negotiate initial and renewed franchise agreements and structure diversified programs, such as the franchise of products within another business or conversion of company operated units to franchised units.

Fasken helps foreign and cross-border franchisors adapt their systems to enter the Canadian market; we advise on the application of corporate policies to local employee, health and safety, consumer protection and marketing regulations. As a growing number of franchisees prepare for retirement, we are frequently consulted in assisting with succession planning.

Apart from mergers, acquisitions and divestitures, we are also called upon to work on corporate restructuring, insolvency proceedings, default enforcements, franchise rescission and franchisee/franchisor disputes, distribution and supply agreements and all types of commercial lease arrangements or site acquisitions.

Fasken’s litigators have represented clients in landmark litigation, including a 13-year dispute that defined and clarified the nature of franchisor-franchisee relations in Québec and secured the largest franchise award in Canadian history.

Our expertise is distinguished by its national scope and decades of experience. Our lawyers advise the country’s most sophisticated franchisee association and we’ve represented brands such as White Spot, Cara Operations, Midas, Mr. Lube, Première Moisson, l’Aubainerie, Canadian Tire, Dealer’s Association and Dunkin Brands.

Browse our recent work or contact any of our lawyers to learn more.

Achievements

  • Ranked nationwide in Franchising, Chambers Canada 2016 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Franchise L.aw, Canadian Legal Lexpert Directory 2020 to 2026
  • Recognized nationwide in Franchise Law , The Best Lawyers in Canada 2020 to 2025
  • Recognized in Franchising Law: Recommended, Lexology Index 2018 to 2024

Team

Primary Contacts
  • Frédéric P. Gilbert, Partner | Franchising Law, Litigation and Dispute Resolution, Montréal, QC, +1 514 397 5232, [email protected]
  • Darrell Jarvis, Partner | Corporate/Commercial, Toronto, ON, +1 416 868 3530, [email protected]
  • Grant Foster, Partner | Corporate/Commercial, Vancouver, BC, +1 604 631 4916, [email protected]
  • Robert Iaccino, Partner | Real Estate Law, Toronto, ON, +1 416 868 3445, [email protected]
Frederic Gilbert Montréal Lawyer Frédéric P. Gilbert Partner | Franchising Law, Litigation and Dispute Resolution Montréal, QC +1 514 397 5232
Darrell Jarvis Toronto Lawyer Darrell Jarvis Partner | Corporate/Commercial Toronto, ON +1 416 868 3530
Grant Foster, Partner | Corporate/Commercial Grant Foster Partner | Corporate/Commercial Vancouver, BC +1 604 631 4916
Robert Iaccino Toronto Lawyer Robert Iaccino Partner | Real Estate Law Toronto, ON +1 416 868 3445

Experience

  • Phaneuf v 0896459 B.C. Ltd., [Case - Norman Phaneuf and Bradley Phaneuf], Court dismisses counterclaim; trial set for rectification of share rights and restrictions.
  • Foodtastic acquired Archibald Restaurants, [Deal - Foodtastic Inc.], Acquisition of Archibald Restaurant by Foodtastic.
  • Foodtastic announces the acquisition of Noodlebox, [Deal - Foodtastic Inc.], Acquisition of Noodlebox by Foodtastic.
  • Pierre Karl Péladeau acquires the Montreal Alouettes from the CFL, [Deal - F.O. II Inc], The Montreal Alouettes is a professional football team and member of the Canadian Football League based in Montreal. The Alouettes have won numerous Grey Cups in its history, the most prestigious trophy in the CFL. The Montreal Alouettes were acquired on March 10, 2023 by a corporation owned by e...
  • Foodtastic Inc. has closed a $175 million revolving debt facility, [Deal - Foodtastic Inc.], Foodtastic Inc. has closed a $175 million revolving debt facility to fund acquisitions.
  • Little Kickers completes sale to Stronger Youth Brands in a transaction creating the largest global franchised youth soccer program, [Deal - Little Kickers], Youth sports and enrichment platform acquires UK-based international franchisor of youth soccer programs in complex cross-border transaction
  • Two young entrepreneurs acquire the popular Chez Ashton restaurant chain, [Deal - Jean Christophe Lirette and Emily Adam], Acquisition of the Chez Ashton restaurants by two entrepreneurs.
  • Miniso Group acquires approximately 45 of 80 stores owned and operated by the Migu Group, [Deal - Miniso Group], Following a year-long effort to assist the Miniso Group through a number of complex matters involving their former Canadian licensees and numerous related parties (the Migu Group), a restructuring plan and acquisition transaction were implemented pursuant to the Companies’ Creditors Arrangement A...
  • Acquisition of Yuzu Sushi by the MTY Food Group, [Deal - Yuzu Sushi], In July 2019, Groupe Yuzu Inc. announced the sale of its assets to a subsidiary of MTY Food Group Inc., thereby expanding the number of its fast food restaurant chains. 132 points of sale are changing hands, including 68 restaurant franchises, 30 express counters and 34 complementary grocery outl...

Knowledge

  • The Superior Court Confirms the Enforceability of a Million-Dollar Penalty Payable to Uniprix, 7/31/2025
  • Doing Business in the United Kingdom, 7/9/2025
  • The Franchise Agreement of the Future: The Relational Contract, 12/19/2023
  • How Can a Franchisor Support a Franchisee in Financial Difficulties?, 12/7/2023
  • What is the Ideal Duration of a Franchise Agreement?, 11/23/2023
  • Not all Franchise Agreements are Contracts “of adhesion” under the Civil Code of Québec!, 11/9/2023
  • Quelques facteurs-clés du succès d’une expansion nationale ou internationale, 9/21/2023
  • The Four Categories of Territories in a Franchise Agreement: Relevant or Outdated?, 9/7/2023
  • expansion hors QC- Proteger - Comprendre -Structurer- Traduire et Adapter, 8/22/2023
  • What Expenses Can be Allocated to the Joint Advertising Fund?, 6/15/2023

Events

News

  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • Frédéric Gilbert Admitted to American College of Trial Lawyers, 3/13/2020
  • 2020 Chambers Canada Guide Recognizes 108 Fasken Lawyers, 9/19/2019
  • Fasken Receives High Recognition in the 2019 Canadian Legal Lexpert Directory, 4/22/2019
  • Fasken’s Litigators Listed in Benchmark Litigation Canada 2019 Guide, 3/29/2019
  • Seventy-Eight Fasken lawyers recognized in Who’s Who Legal: Canada 2018, 12/7/2018
  • Chambers Canada names Fasken “Employment Law Firm of the Year 2018” and Recognizes 93 of Fasken Lawyers in the 2019 Guide, 9/21/2018
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide, 5/31/2018
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018

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