Franchising

franchise lawyer mississauga

3 Tips to Selecting the Right Lawyer for You

There are many steps and processes involved in legal cases and trying to navigate them, on top of daily responsibilities can be overwhelming. Making sure you have the best representative for you and your needs is of key importance. When it comes to selecting a lawyer consider these 3 steps to help make your decision:

Select a Lawyer with Particular Expertise

Selecting a representative who has expertise in the area your case involves will be the best support system because they understand your needs and can best represent you and your case.

Research Potential Lawyers

Your local bar association will provide you some insight, as you will be able to find public records of complaints and disciplinary actions taken. There are also online sites that provide reviews but make sure to check more than one in case of bias.

Check their Website and Arrange Consultations

A lawyer’s or law firm’s website will have specific information on the type of law the attorney practices, as well as reference their years of practice and any achievements. Once you have selected a few top ones, set up consultations to get a feel for their style and take notes to refer back to.

These 3 steps are a brief guideline in how to begin the process of selecting a lawyer but the key is selecting a lawyer with expertise in your particular case. If you require a franchise lawyer in Mississauga than Law Works an expert in Franchise law is the firm for you.

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How To Handle Franchise Disputes

Disputes used to be dangerous for those involved: both individuals fought to defend their honour with a sword or pistol and this type of resolution clearly marked one the winner and the other the untimely loser.

Luckily today, the mitigation of disputes is not life threatening but this does not mean that it goes without potential harm; as any dispute, especially a business one, can impact the livelihood of those involved. Franchise disputes in particular can arise for many reasons: if a franchisee feels they are not receiving value from a franchisor; a franchisee looks at ways of selling products outside the franchise system; when or if a franchise fails.

These are some of the potential disputes that can arise in the franchise system, and despite the sometimes volatile nature of broken trust or economic loss, it is important for both parties to seek resolution over a fight. If a commercial resolution is not possible, nor is mediation, than arbitration or litigation may be the answer.

When dealing with a franchise dispute in Vaughan, Law Works is a business and franchise regional law boutique with expertise in: franchise law, international and ‎domestic business disputes and arbitration in niche industries. In both scenarios of franchise litigation and franchise arbitration, Law Works represents parties through the entire process (initial assessments, drafting pleadings, representing on all steps including final hearing). If you find yourself in a franchise dispute in Vaughan, contact Law Works to ensure you have the most capable experienced team representing you.

franchise dispute Mississauga

What It’s Like To Be In A Franchise Dispute

Before becoming an owner of a  franchise, I think it is important to know everything I can about possible problems and issues that may arise over time. A friend of mine in the franchise business recently had to deal with a franchise dispute in Mississauga, so I felt it was necessary I learn about what’s involved in case if I ever experience something similar.  

This is what I found out about a franchise dispute in Mississauga:

Franchise agreements are complex, commercial contracts, and because of this, franchise disputes arise frequently. Disputes often arise when a franchisee feels that he/she is of more value than the franchisor is compensating them for, and then chooses to find ways of working or selling the products outside of the system. These issues also arises sometimes if a franchisee fails and feels that part of the failure is due to neglect/lack of support from the franchisor.

In either cases, the ideal solution is a commercial solution rather than a fight in court. If this is the decided action, it is important to have a mediated between both parties.

When it came down to the franchise dispute, it was very important that my friend had contacted Law Works to represent them in their franchise dispute Mississauga. Law Works assisted them with all their questions and needs, and they had a positive experience with the lawyers who communicated with them all of the important details as the process moved along.

franchise lawyer Vaughan

Getting to Know Franchise Law in Ontario and How It Works

Did you know that there are only two provinces in Canada with legislation specifically intended to govern parts of franchising? Ontario and in Prince Edward Island.  In Ontario, it is the Arthur Wishart Act (Franchise Disclosure), administered by the Ontario Ministry of Consumer and Business Services, which legally define business “franchise.” This means, that many franchise agreements between distributors and dealers are protected by the Act’s requirements.  

The Act is intended to provide a franchise agreement, fair dealings and honest business practices between the parties involved. Specifically, this regards the Disclosure Document that franchisors are required to provide to potential franchisees. The Disclosure Document must be accompanied with the proposed franchise agreement in order for the agreement to be valid, including financial statements, and all other material facts. The Disclosure Document must also contain a certificate that states that the Disclosure Document does not contain any misrepresentation.

franchise lawyer Vaughan

As a potential franchisee considering the terms of a new franchise agreement, it could get too complicated for you to handle on your own. Getting a franchise lawyer who can help you understand exactly what you’re getting into and will protect your best interest is very important for protecting such a big investment.  Your attorney can explain what your rights and obligations under the agreement would be, negotiate on your behalf, and help you draft a revised agreement if needed.  

If you’re considering buying a franchise in Vaughan or the Greater Toronto Area, contact the experienced franchise lawyers at Law Works. Where you are connected with a team of franchise support professionals to guide you on your path to owning your own successful franchise.

 

franchise lawyer mississauga

What To Look For In a Franchise Lawyer

When looking for a lawyer to handle your franchise dispute in Mississauga, there are multiple aspects to look at before making a decision. Primarily, it is important to choose a team that is experienced in this field, as well as expertise in other areas of the law well; demonstrating a well-rounded understanding of the law. Finding a lawyer who has dealt with cases similar to yours will not only give you peace of mind, it will demonstrate an outcome that you will likely reach as well. Secondly, as you will be advised and represented by the team you choose, it is best you can work well with them. You want to choose a lawyer that you will ‘click’ with and share an understanding for your problem and desired solution.

Here are a list of qualities to look for in a lawyer:

  • Strong communication skills: you want to be able to understand what your lawyer is saying! Find a team that clearly explains the process, without stuffing confusing jargon into their explanations.
  • References and rapport: ensure they have experience in this field, and have handled similar cases.
  • Sensitivity: your lawyer should understand the situation you’re in, and the stresses that come with it!

At Law Works, their lawyers will not only help you with your franchise dispute in Mississauga, but they also share the qualities listed above! If you need representation or advice with your franchise dispute. Contact Law Works, they are able to provide everything you are looking for in a franchise lawyer. 

Steps to Resolving Franchise Disputes

There is no such thing as a long-lasting relationship without any disagreements. However, as time passes, things will inevitably change. The original relationship entered into gets altered one way or another, and people involved tend to want different things the other party may not. This is when disagreements can occur. The same idea happens with franchise agreements, and it’s a very common thing. So, don’t let it get you down if you’re experiencing a dispute with your franchisor.

Here are steps you can take to try to resolve your franchise dispute:

Step 1

Let the franchisor know what the incurring problem. Write a summary that is factual, clear and concise. Advise the franchisor how the problem has affected certain aspects of the business and what your proposition to solve the disagreement. This proposal has to be documented in writing, properly dated and provided to the franchisor in this manner.

Step 2

Speak to the franchisor about the issues raised in the written request. Attempt to reach a resolution and written agreement.

Step 3

If you are unable to solve the dispute and reach a mutual agreement with the franchisor, speak with your franchise lawyer about handling the case – some legalities may be too complex with contractual disagreements. Your franchise lawyer will work for your best interests and fight for the best possible resolution that you may be entitled to. Allow your lawyer to carefully examine your franchise agreement and determine the next course of action.

Step 4

At this point, if a resolution has not yet been reached, your lawyer may recommend taking your issues with the franchisor to mediation. This is a mandatory process that is required by the rules of the court.

Step 5

If a resolution is not reach through mediation, your lawyer will determine whether or not arbitration is an appropriate procedure. They will determine the next course of action based on the enforceability of arbitration and the cost with your best interest in mind.

If you haven’t done so already, speak to a franchise lawyer about any disputes you are experiencing. Receive legal advice to help you reach a satisfied resolution you are happy with.

Contact a Franchise Lawyer in Mississauga at Law Works, it never hurts to speak to someone who has real experience in franchise business matters.

a boutique restaurant interior law works franchising

Do You Know How To Become a Franchise Owner?

I always wanted to own my own coffee shop, but not your ordinary coffee shop. I want my coffee shop to attract avid readers and art lovers locally and from far. I imagined it being featured in blogs of influential people with paintings from local artists accenting the rustic decor. As my dreams grew, so did my awareness of what it really took to become a small business owner let alone find the financing to pay for the extravagant design I envisioned. I realized I don’t know the first thing about actually serving customers, or what types of coffee I can put on the menu. “Who would supply the coffee beans? Does coffee still come in bean form or is all grinded into little pods?” I had a lot to learn, but I didn’t want to give up on my dream.

I took to the internet and began researching for the possibility of becoming a franchise owner of well established coffee shop chains like Tim Horton’s. If I wasn’t able to open my own coffee shop scratch, I figured I could piggy-back off one that had proven success, while being able to learn a thing or two about owning my own store one day.

I wanted to take the next steps towards becoming a franchise owner. I needed to protect my investment, as well as my future with the franchise. So, I relied on the legal advice and guidance of an experienced Franchise Lawyer in Mississauga at Law Works. Here are just some of the benefits I found having a lawyer guide me through the franchising process :

  • Certain terms of the agreement were negotiated to better suit my needs.
  • Gain clarification and specific details regarding vague terms mentioned in the agreement.
  • Avoid waiving your legal rights should a disagreement between you and the franchisor in the future.
  • Protecting your investment now and in the long-term.

If you’re considering becoming a franchisee, I highly recommend getting a franchise lawyer to review any disclosure documents or agreements, before paying any money or signing any paperwork. Contact Law Works in Mississauga to discuss your options.

What’s Next For Franchising in Canada? Law Works

What’s Next For Franchising in Canada?

In recent news, the Ontario’s Business Law Agenda Stakeholder Panel filed a report focusing on changing the Arthur Wishart Act, which includes franchise law as of July 2015. As a growing industry in Canada, they are the second largest franchise industry in the world after the United States. However, this new legislation has led to uncertainty and challenges following these new acts. These legislations put in place are restrictions that make it a challenge for people to start a new franchise – being held up to a standard of near perfection.

These changes also bring uncertainty with franchise disputes and litigation. Not only do franchisors and franchisees have to deal with internal issues and contracts, but they also have to keep up with external changes with their business and its industry.

It can be challenging to keep up with both. So, while customers come to you as an industry expert for your business, people experiencing a franchise dispute look to professionals at Law Works as the industry experts. Providing counselling and representative services, their lawyers are experienced with the changes in franchise law and will be your best choice when looking for help with franchise disputes in Mississauga. Find out more about their work, and why they’re recognized as the leading Franchise & Business Law Firm in Mississauga.

What You Need To Know: Franchising in 2017

What You Need To Know: Franchising in 2017

Over the last year, there have been many legislative changes that will affect how franchisors conduct business in Canada. The Canadian Franchise Association outlined some of the top changes that will affect us in 2016. We’ve compiled a list of other upcoming changes to help if you’re experiencing the possibility of any future franchise disputes in Vaughan.

  1. Joint Employees: predicted as a game changer in the franchise industry, this status allows for franchisors to be subject to any claims under the employment and labour laws.
  2. Bill 38: Coming into force in the new year, British Columbia will introduce the new Franchise Act to protect franchisees. Ontario’s legislation was introduced in 2000 as the Arthur Wishart Act, whereas Bill 102 was created in 2010 to make changes to its claims.
  3. Duty of Good Faith: this status ensures both parties will practice with honesty in regards to the contract agreed upon.
  4. Control vs. Rights: the Pillar to Post decision outlines the differences between a franchisor’s control versus the franchisee’s rights.

These legislation changes have effects and influences the bases surrounding franchise disputes. At Law Works, their professionals are experienced and knowledgeable of these changes and can help you with any consultation or representation needed. Focusing on franchise disputes in Vaughan, their expertise goes beyond the law itself by remaining on top of current changes all around the industry. Contact them for more information about their previous work and how they can help!