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Franchise agreement for Tim Horton's top franchises in Canada

Franchise Agreements: The Top 5 Franchises in Canada

If you are thinking about purchasing a franchise, it’s important to ensure you thoroughly understand the franchise agreement prior to making a decision. A franchise agreement is a legally binding contract which details the franchisors terms and conditions for the franchisee. Canada is home to many top franchises, so it’s important to evaluate your options.

To help with your decision-making process, here are 5 of the top franchises in Canada:

Tim Hortons

A Canadian coffeehouse favourite, Tim Hortons was founded in 1964 in Hamilton, Ontario and has grown into the largest quick service restaurant chain in Canada with over 3,600 stores nationwide. The franchise is headquartered in Oakville but restaurants can now be found in the United States, the United Kingdom, Ireland, and the United Arab Emirates.

Mr. Sub

This popular sandwich shop was actually founded in Toronto’s Yorkville neighbourhood in 1968 and has grown to include 317 units.

Second Cup

Though Second Cup has not grown as large as Tim Hortons, the niche coffee chain has certainly established a following. Headquartered in Mississauga, Second Cup was founded in 1975 and now has over 360 store locations.

Pizza Pizza

For many Canadians, Pizza Pizza has grown into somewhat of a Friday night tradition. The chain was founded in 1967 in Toronto and now has over 700 units spread throughout Quebec, Ontario, Nova Scotia, and Western Canada.

Canadian Tire

Founded in 1922, Canadian Tire is the only retail franchise to make the list. With over 350 locations, the brand has certainly become a “go-to” for various automotive items, home goods, and sport and leisure products.

If you have questions about your franchise agreement or have become involved in a franchise dispute, contact Law Works in Mississauga.

 

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How Franchises Will Be Affected By Ontario’s Changing Workplaces Review

There are new changes happening to Ontario’s employment and labour laws. On May 23rd 2017, the Ontario government released its report to the Changing Workplaces Review. This is one of the most comprehensive and largest changes to the labour laws in the last 30 years. The Review covered broader employment issues to protect workers. They consolidated three acts: the Employment Standards Act, 2000, the Labour Relations Act, 1995 and the Occupational Health and Safety Act into the “Workplace Rights Act.”

Key takeaways to consider for the Changing Workplaces Review:

  • Minimum Wage Increase
  • Overtime and Hours of Work
  • Leaves; personal emergency, bereavement, sick days.
  • Equal Pay
  • Enforcement
  • Specific sector changes to labour relations

The Review has peaked interest among franchisors, as changes to the prevailing legislation could have imposed joint employer status on franchisors for employees of their franchisees. To the relief of the franchisors, the Report does not recommend a franchisor be deemed to be a joint employer with its franchisees. However, it does make recommendations to allow employees of multiple franchises (of the same brand) to bargain centrally with representatives in one geographical area.

Are you a franchise owner? Unsure d how these recommendations may affect your business? Stay informed. Contact Law Works, one of Canada’s leading experts in business disputes, including debtor-creditor rights, class actions, lease agreements, professional negligence, trademark infringement, shareholder disputes, joint ventures, misrepresentations, injunctions, insolvencies and receiverships.

Law Works franchise lawyers are happy to discuss how Ontario’s Changing Workplaces Review may affect your franchise operations.

A Basic Understanding of Corporate Law

A society needs laws to keep the peace and to keep the values and morals of that society in check. And with a vast and complicated legal system, comes a need for people to specialize in each category of law.

Some of these categories include:

  • Criminal law
  • Corporate law
  • Immigration law
  • Family law
  • Civil litigation
  • Bankruptcy law
  • Personal injury law

Zayouna Law is a firm that is highly respected and trusted in dealing with corporate law, and going to a specialized legal team will help you get the best representation possible.

What is corporate law?

The definition of a corporation is “a body formed and authorized by law to act as a single person although constituted by one or more persons and legally endowed with various rights and duties including the capacity of succession.” It sounds intense, but in layman terms, a corporation has most of the same rights and responsibilities that an individual possesses.

Corporate or business law is the form of law that governs the formation, dissolution and governance of corporations. There are some exceptions for some corporations that are not governed in the same way. Charities, universities and cities can be incorporated, but corporate law is primarily concerned with corporations that are for profit.

How can corporate lawyers help their clients?

The three major issues that corporate law deals with include conflicts between outside creditors of the company and its shareholders, conflicts between shareholders and corporate managers, and conflicts between majority and minority shareholders.

There are a few main strategies corporate lawyers employ to try and resolve conflicts between managers and shareholders. The law imposes on managers and directors the duty of being fair, diligent and loyal to their shareholders. They also give shareholders the ability to obtain assistance from the courts when they believe there has been an abuse of power in management. Also, they require that the corporation discloses all important information to their shareholders. Corporate lawyers help all stakeholders execute these rights and responsibilities.

What you need to know about corporate lawyers

First off, a lot of the work corporate lawyers do is not in a courtroom. Essentially, they do most of their job behind a desk or mediation table. Corporate lawyers prepare various documents, conduct research for their clients ahead of important transactions, draft documents and maybe most importantly, walk their clients through legal documents and make sure they fully understand what they are signing.

Corporate lawyers have to be able to go from the mundane, like working on standard contracts to managing world-shaking acquisitions and mergers. The best corporate lawyers are able to cover both ends of the spectrum with skill and tenacity.

Corporate lawyers are extremely important in keeping companies and their shareholders in check, while also making sure everyone is honest and on the same page. It might not be the flashiest type of lawyer, but it is an integral job to our society, where corporations need to be held accountable for their actions, much like an individual should be as well.

If you’re interested in getting into corporate law or learning more, read this  on one person’s passion for corporate law.

How To Find A Professional Personal Injury Lawyer in Toronto

Finding a great personal injury lawyer is key in helping you get the compensation you are seeking following an injury. Being involved in an accident is a physically and emotionally debilitating experience and the personal injury process that follows can be incredibly taxing. Thus, it’s important to hire an attorney you trust to represent your interests whilst helping to facilitate a comfortable legal process.

The following tips can help you find a great personal injury lawyer to handle your case so you can feel confident that a solid claim will be built on your behalf.

Pick a firm that does personal injury law exclusively.

Personal injury law is an intricate and complex field. Therefore, it is vital to put your case in the hands of someone who is proficient with handling personal injury cases. While you may know a lawyer who is extremely successful within their field of work, such as divorce law or corporate law, they lack the experience necessary to try personal injury cases in court. This often leads to insurance companies low-balling accordingly, so it’s best to choose an attorney who specializes in personal injury to ensure good quality representation. Apart from this, try to select a personal injury lawyer with a proven history of high verdicts and settlements who is willing to let you contact past clients if you wish.

Choose an attorney that is willing to take your case to trial if necessary.

Be sure to choose a lawyer that has a history of taking personal injury cases to trial if necessary. It may seem obvious, but in fact, many attorneys who handle personal injury claims have never been to trial so they pressure their clients to settle for a pittance. Insurance companies tend to be very aggressive so you want to hire a lawyer who can stand his or her ground and is willing to go to trial to prevent them from making outlandish offers and ensuring they are cooperative in trying to settle your case.

Ensure a level of professionalism and willingness to answer your questions.

When choosing an attorney to take on your case, you want to look for a set of traits which indicate compassion, practicality, and effectiveness. Look around their office and ensure it appears professional. Many personal injury cases tend to be costly and time-consuming to prepare so they should have enough resources to properly build your case. Additionally, it’s important not to overlook the personality of the attorney as you will likely be spending a significant amount of time working together. Look for someone who is attentive and willing to thoroughly outline the entire process. Also, it’s important they are able to explain complicated legal terms in a simple and comprehensible matter. You should avoid a lawyer who seems impatient or dismissive when you are asking questions and gives unrealistic compensation guarantees.

If you were hurt in an accident and are looking for a personal injury lawyer in Toronto, contact Zayouna Law Firm.

 

franchise dispute mississauga

3 Steps in Franchise Disputes

Day-to-day business responsibilities can be complex. Ensuring your business operates effectively and turns a profit can be a constant source of stress. The expectations for operation, double if your business is a franchise. Not only must you operate in a manner that meets your own business goals, the business must follow a certain set of criteria set out by the franchisor. The franchisor and franchisee relationship can be mutually beneficial however, there also is a potential for conflict. Franchise dispute can be an unfortunate circumstance, in franchise relationships and if you find yourself facing one there are a few steps to keep in mind:

Notify other party of the dispute

You must issue a formal notice of dispute, to the other part involved, wherein you explain what the dispute is about, what your preferred resolution is, and what other steps you believe the other party should take.

Attempt Resolution

Trying to resolve the matter is the preferred method but if a resolution is not possible either party has the right to request franchise mediation.

Attend Mediation

Both parties, in person, must attend mediation or a selected representative may attend on a party’s behalf. The goal is to resolve the dispute but ensure you are willing and able to attend because if you do not, you can be fined.

If you are facing a franchise dispute in Mississauga and require professional advice, guidance, and service then contact Law Works your expert in franchise litigation, arbitration and insolvencies.

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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.

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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.

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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.

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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.

 

How Franchise Disputes Are Like Romeo & Juliet

“Go wisely and slowly. Those who rush stumble and fall.” Shakespeare wrote this line for his masterpiece, Romeo and Juliet. The Montagues and Capulets were two of Verona’s noble families, and their distaste for one another grew to extremes when the ruler of Verona, Prince Escalus decreed death for any individual who disturbed the peace in the future. As in any Shakespearean tragedy, the two young lovers hail from these two families; and it is forbidden that they should be together. Many of us know how this story ends: with a “parting that is such sweet sorrow” and an end to the Capulet and Montague feud.

Now, this type of dramatic storytelling can only take place upon the stage, but at times the dealings of business can take on a plot similar to a Shakespearean tragedy. As Shakespeare wrote, to go wisely and slowly is best as to not rush and fall. The business of franchises can at times be a battle between two, or sometimes more households, and it is wise to take heed of the words Shakespeare wrote.

In the unfortunate circumstances of franchise disputes, one should look for their own “Prince Escalus.” Someone to help navigate disputes and do so in a way that is slow and wise. Law Works is an expert in franchise dispute in Mississauga. Founded in 2012 the firm is a business and franchise regional boutique that can help you with any franchise dispute in Mississauga. Contact Law Works Mississauga today! And get your feud resolved quickly and fairly.