Toronto Franchise Litigation Lawyers
International Distribution and Licensing Lawyers
Gilbertson Davis LLP can act for distributors, dealerships, franchisees, franchisors, licensees and licensors to assist in the resolution of disputes arising out of or in connection with their business relationships.
Gilbertson Davis LLP has experienced litigators and if disputes cannot be resolved through negotiation and agreement, we can guide and represent clients in litigation, including commercial arbitration.
We can act for both local and US businesses in connection with litigation in Ontario (or the Federal Court) or in local or international arbitration. We can also assist US counsel / attorneys with local Ontario aspects of foreign litigation, such as ancillary proceedings to gather and preserve evidence, to freeze assets or proceedings to protect intellectual property rights such as trade-marks and copyright.
Businesses and Industries
Gilbertson Davis LLP has lawyers who are experienced in a wide variety of franchise, distribution and licensing issues including those arising in an array of businesses and industries, including food products, restaurants, cosmetics, service industries, training services, financial services, and sale of consumer goods.
Issues and Disputes – Licensing Distribution or Franchising
We can advise and represent clients in wide-ranging matters and disputes including:
- Determining the legal nature of relationship of the parties – whether at law the relationship is licensing, distribution or franchising.
- Brand protection and intellectual property rights, including trade-mark and copyright rights and enforcement remedies.
- Contract law, including issues concerning rights, obligations, performance, enforcement, breach of contract and damages.
- Equitable remedies such as rescission (un-making the contract) or specific performance of a contract.
- Interim and interlocutory injunctions and orders to freeze assets, preserve the status quo pending the determination of litigation, stay of proceedings, and to obtain and secure evidence.
- Commercial leasing of equipment and commercial landlord and tenant issues and disputes.
- Civil fraud, civil conspiracy to injure or civil conspiracy to carry out wrongful act likely to injure.
- Whether the Act applies – whether the relationship is a franchise as defined by the Act, and whether the Act has application by the business being wholly or partially in Ontario.
- The obligation on the franchisor to provide a prospective franchisee with a Disclosure Document.
- The duties of franchisees and franchisors under the Act of fair dealing, good faith and acting in accordance with reasonable commercial standards.
- Whether the Disclosure Document complies with the Act.
- Remedies and time limits to pursue remedies, including for rescission of the franchise agreement and damages.
- Remedies and time limits to pursue remedies for:
- Providing an Incomplete Disclosure Document
- Failure to provide a Disclosure Document
- Breach of Fair Dealing Obligation
- Post termination or rescission competition and solicitation.
The value of a franchise comes not just from the products and services to be sold, but by the association of a business as part of a larger brand, which incorporates the reputation and goodwill created by the entire franchise system.
There are a number of ways a franchise’s brand can be depreciated, whether by newly-formed competitors looking to confuse the market or even former franchisees who continue to rely on the brand’s reputation and goodwill after the franchise agreement has been terminated. The protection of the franchise’s brand, and retaining counsel familiar with the various brand protection strategies and tools available, is imperative not only for the franchisor, but each and every franchisee who sells those products and services under that brand. For instance, where a franchisor refuses or fails to enforce its intellectual property rights, franchisees have the ability to enforce those rights in their own capacity as licensees of the franchisor’s trademarks.
Why Choose Gilbertson Davis LLP
We strive to resolve our clients’ disputes efficiently and practically through the provision of quality legal services at reasonable rates. Gilbertson Davis LLP can serve your needs with lawyers who are experienced in this practice area. Some of our lawyers have experience in franchise matters in the Ontario Superior Court of Justice, the Divisional Court, the Ontario Court of Appeal and in arbitration.
We are a firm which has more than 30 years of practice in Toronto. We are ethical, professional and practical.
If you have franchising, distribution or licensing issues, please contact Gilbertson Davis LLP to arrange an initial consultation.