franchise dispute mississauga

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.

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.

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.

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.

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.