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Franchising law is a specialized area of legal practice that governs the relationship between franchisors and franchisees. If you live in Toronto and are involved in franchising, understanding these...
Franchising law is a specialized area of legal practice that governs the relationship between franchisors and franchisees. If you live in Toronto and are involved in franchising, understanding these laws and knowing when to seek legal assistance can make a significant difference in ensuring compliance and fostering successful business relationships.
What is Franchising Law?
Franchising law encompasses a range of regulations and agreements that define the rights and obligations of franchisors and franchisees. These laws address disclosure requirements, contractual terms, intellectual property, and dispute resolution to protect both parties and promote fair business practices.
When is a Consultation with a Lawyer Necessary?
In Toronto, franchising activities often involve complex legal agreements and regulatory compliance. Whether you are establishing a franchise, resolving disputes, or negotiating contracts, consulting a lawyer specializing in franchising law is essential. These lawyers provide guidance, representation, and solutions tailored to your business needs.
Common Scenarios Requiring Legal Assistance
Here are several instances when you might need legal help:
- Franchise Agreements Lawyers help draft, review, and negotiate franchise agreements to ensure clarity and protect your interests.
- Disclosure Compliance Franchisors must provide disclosure documents that comply with local and international regulations. Legal guidance ensures adherence to these requirements.
- Intellectual Property Protection Protecting trademarks, logos, and business models is critical in franchising. Lawyers assist in securing and enforcing intellectual property rights.
- Dispute Resolution Disputes between franchisors and franchisees over contract terms, royalties, or operational issues often require legal intervention.
- Franchise Termination Legal assistance is crucial when terminating or exiting a franchise agreement to avoid liabilities and ensure compliance with contractual obligations.
How to Choose the Right Franchising Lawyer in Toronto
Selecting a qualified lawyer is essential for a successful resolution of your case. Here are some factors to consider:
- Experience in Franchising Law: Look for lawyers who specialize in franchising cases and have a deep understanding of local and international regulations in Toronto.
- Proven Track Record: A history of successfully handling franchising matters is a good indicator of a lawyer’s competence.
- Strong Negotiation Skills: Your lawyer should be able to negotiate effectively on your behalf, whether you are a franchisor or franchisee.
- Local Knowledge: Franchising laws can vary by region. Lawyers familiar with Toronto’s legal landscape can provide tailored advice.
When Should You Contact a Lawyer?
Many people wonder, “When is it necessary to consult a lawyer?” If you are drafting a franchise agreement, addressing disputes, or ensuring compliance with disclosure regulations, reaching out to a lawyer should be your next step.
How Much Do Legal Services Cost in Toronto?
Legal fees can vary depending on the complexity of your case and the lawyer’s expertise. In Toronto, franchising law consultations typically range from a few hundred to several thousand dollars. Many law firms offer initial consultations, which can help you assess whether a particular lawyer is the right fit for your needs.
Key Benefits of Hiring a Franchising Lawyer
- Expert Guidance: Lawyers specializing in franchising law understand the intricacies of regulations and provide effective solutions.
- Strong Advocacy: Whether representing franchisors or franchisees, a skilled lawyer will advocate for your interests and ensure fair treatment.
- Time and Stress Savings: Managing franchising legal matters alone can be overwhelming. Hiring a lawyer allows you to focus on business operations while they handle the complexities.
Why Franchising Law Matters in Toronto
Franchising law plays a vital role in fostering successful partnerships, protecting intellectual property, and promoting fair practices. In Toronto, these laws ensure that franchisors and franchisees can build sustainable and profitable business relationships.
Steps to Address Franchising Legal Issues
- Identify the Issue: Determine the specific franchising law challenge you are facing, such as compliance, disputes, or contract negotiation.
- Consult a Lawyer: Seek advice from an experienced franchising lawyer in Toronto to discuss your case and explore options.
- Develop a Strategy: Work with your lawyer to address disputes, negotiate agreements, or ensure regulatory compliance.
- Resolve Conflicts: Address issues promptly with legal representation to minimize disruptions and achieve fair outcomes.
- Promote Best Practices: For franchisors, implement policies and training to prevent future conflicts and ensure successful franchise operations.
Conclusion
Franchising law is a specialized field that requires in-depth knowledge and strategic planning. If you’re in Toronto and navigating franchising challenges, seeking professional legal assistance is the best course of action.
Remember, whether it’s a question of “When is a consultation necessary?” or “How much will it cost?”, having a trusted lawyer by your side can make all the difference. Don’t hesitate to reach out and secure the support you need to navigate franchising legal matters successfully.
- Franchise Agreement Drafting and Review
- Franchise Business Structures and Planning
- Franchise Disclosure Documents (FDD)
- Franchise Disputes and Litigation
- Franchise Licensing and Distribution
- Franchise Marketing and Advertising Law
- Franchise Mergers and Acquisitions
- Franchise Operations and Compliance
- Franchise Registration and Compliance
- Franchise Taxation and Accounting
- Franchise Termination and Renewal
- Franchisee and Franchisor Negotiation
- Franchisee Rights and Protections
- Intellectual Property in Franchising
- International Franchising

Mouna Hanna
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- Franchise Operations and Compliance
- Franchising Law
- Franchise Termination and Renewal
- Franchise Disputes and Litigation
- Lawyer
- Toronto

Kevin Yip
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- Franchise Taxation and Accounting
- Franchising Law
- Franchise Licensing and Distribution
- Intellectual Property in Franchising
- Lawyer
- Toronto
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Jordan Routliff
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- Franchise Registration and Compliance
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- Toronto

Jody Berkes
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- Franchisee and Franchisor Negotiation
- Franchising Law
- Franchise Disclosure Documents (FDD)
- Franchise Termination and Renewal
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- Toronto
Jody Berkes received his B.A. from Stanford University in Palo Alto, California and his B.C.L. and LL.B. degrees from McGill University’s Faculty of Law, where he was selected valedictorian by his graduating class. After articling and practicing in Vancouver, British Columbia, he mov...
Jody Berkes received his B.A. from Stanford University in Palo Alto, California and his B.C.L. and LL.B. degrees from McGill University’s Faculty of Law, where he was selected valedictorian by his graduating class. After articling and practicing in Vancouver, British Columbia, he moved to Toronto in 1999. In 2012, he formed a partnership with Apple Newton-Smith. Since her appointment to the bench, Mr. Berkes founded Berkes Law. Mr. Berkes practice includes the defence of individuals, as well as corporations, charged under the Criminal Code of Canada, as well as other Federal and Provincial criminal and quasi-criminal statues, and professionals charged before discipline and competency panels. He appears in all levels of courts in Ontario. Jody Berkes is the Past Chair of the Ontario Bar Association Criminal Law Executive Committee, the Legislation and Law Reform Liaison of the National Criminal Section of the Canadian Bar Association, as well as a member of the Criminal Lawyers Association. His cases have been reported in both Ontario and British Columbia. Mr. Berkes is certified as a specialist in Criminal Law by the Law Society of Upper Canada.

Grant W. Gold
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- Franchise Operations and Compliance
- Franchising Law
- Franchise Agreement Drafting and Review
- Franchise Registration and Compliance
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- Toronto

Jacqueline Mariah Palef
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- International Franchising
- Franchise Business Structures and Planning
- Franchising Law
- Franchise Termination and Renewal
- Lawyer
- Toronto

Paul Lomic
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- Toronto
Paul Lomic is an intellectual property and social media lawyer at Lomic Law. Paul's practice is focused on resolving intellectual property and commercial disputes, including matters involving patents, trademarks, copyright, social media/internet and confidential information. As a registered trade...
Paul Lomic is an intellectual property and social media lawyer at Lomic Law. Paul's practice is focused on resolving intellectual property and commercial disputes, including matters involving patents, trademarks, copyright, social media/internet and confidential information. As a registered trademark agent, Paul conducts opposition and cancellation proceedings and assists his clients with managing and protecting their trademark portfolios.
Paul serves as a Council member for the Ontario Bar Association and is a Fellow of the Intellectual Property Institute of Canada (IPIC). Paul is a frequent contributor to legal education seminars and legal publications. Social Media and Internet Law - Forms and Precedents published by LexisNexis is Paul's first book. More information about the book can be found at http://tinyurl.com/k4vpwbn
Selected litigation experience:
• Lefebvre v. Pow, [2014] F.C.J. No. 613: Successfully defended an appeal in the Federal Court
• 1734983 Ontario Inc. et al. v. Tortoise Restaurant Group Inc., [2013] O.J. No. 2692: Franchising law – successfully opposed a motion to separate a counterclaim.
• Plant Products v. Greenstar Plant Products, 2011 TMOB 220: Opposed a trade-mark application that resulted in protecting the wares covered by the client’s products.
• Destiny Software Productions, Inc. v. Musicrypt Inc., 2011 ONSC 470: Opposed a summary judgment motion to dismiss a counterclaim in its entirety preserving the client’s key causes of action.
• Kiss My Face Corporation v. LaPointe Rosenstein LLP, 2011 FC 150 (T-478-10): Represented a client in a section 45 appeal that reinstated the client’s trade-mark.
• J2 Global Communications and Catch Curve v. Protus, 2010 FC 572: Successfully defended against an appeal with costs awarded to the client.
• Belzberg v. Commissioner of Patents, 2009 FC 657 (T-248-08): Represented a client in a judicial review that forced the Commissioner of Patents to award a patent to the client. The client was awarded costs (co-counsel).
Articles and Papers
• Jennifer Sander and Paul Lomic, “Court balances privacy rights and copyright enforcement” Legal Alert (a Carswell Publication), May 2014, Volume 33, No. 2
• Jennifer Sander and Paul Lomic, “Federal Court awards $10.5 million for copyright infringment” Legal Alert (a Carswell Publication), April 2014, Volume 33, No. 1
• Tiffany Soucy, Kiran Bains and Paul Lomic, “Canada introduces bill to combat counterfeiting” Legal Alert (a Carswell Publication), June 2013, Volume 32, No. 3
• Jennifer Sander and Paul Lomic, “Supreme Court clarifies sufficiency of disclosure” Legal Alert (a Carswell Publication), January 2013, Volume 31, No. 10
• Jennifer Sander and Paul Lomic, “Sound trade-marks registrable in Canada” Legal Alert (a Carswell Publication), June 2012, Volume 31, No. 3
• Jennifer Sander and Paul Lomic, “Case Summary: Eurocopter v. Bell Helicopter Textron Canada Limiteé, [2012] FC 113”, IPIC Bulletin, March/April 2012, Vo. 312, pp. 6-7
• Matthew Norwood and Paul Lomic, “New approach for summary judgment in Ontario courts” Legal Alert (a Carswell Publication), March 2012, Volume 30, No. 12
• Co-chair, Protecting Innovation in High-Tech Industries, Ontario Bar Assoiciation, Continuing legal education seminar, May 24, 2012
• Benjamin Mak, Matthew Norwood, Robert Wilkes and Paul Lomic, "Business Methods" patentable: Amazon.com update, Legal Alert (a Carswell Publication), February 2012, Volume 30, No. 11
• Jennifer Sander and Paul Lomic, “Appeal on lack of sound prediction succeeds” Legal Alert (a Carswell Publication), December 2011, Volume 30, No. 9
• Paul Tackaberry and Paul Lomic, “Supreme Court clarifies ‘likelihood of confusion’ test” Legal Alert (a Carswell Publication), August 2011, Volume 30, No. 5
• Joanna Pitkin and Paul Lomic, “Canadian court denies stay despite concurrent U.S. action” Legal Alert (a Carswell Publication), July 2011, Volume 30, No. 4
• Benjamin E. Mak and Paul V. Lomic, “Business Methods can be patented” Legal Alert (a Carswell Publication), December 2010, Volume 29, No. 9
• Paul V. Lomic and J. Douglas Wilson “Court finds online music previews are fair dealing” Legal Alert (a Carswell Publication), July 2010, Volume 29, No. 4
• Paul V. Lomic and J. Douglas Wilson “Federal Courts improving litigation process” Legal Alert (a Carswell Publication), August 2009, Volume 28, No. 5
• Mala Joshi, Paul Lomic and Dylan White “Overview of Intellectual Property”, Written Materials for Ontario Bar Association (Continuing Legal Education - Seminar) “Intellectual Property Issues in a Non-IP Context”, May 4, 2009
• Paul V. Lomic “Federal Court initiatives streamline adversarial process” The Lawyers Weekly (a LexisNexis Publication), January 30, 2009
• Paul V. Lomic and J. Douglas Wilson “Supreme Court of Canada unanimously upholds selection patents” Legal Alert (a Carswell Publication), January 2009, Volume 27, No. 10
Presentations
• Co-chair, Divine Discoveries: Building a Great Case, Ontario Bar Association, Continuing legal education seminar, March 7, 2014
• Speaker, “An Overview of the Judicial Review Process”, Your First Judicial Review ,Ontario Bar Association, Continuing legal education seminar, May 7, 2013
• Co-chair, Your First Civil Trial, Ontario Bar Association, Continuing legal education seminar, March 8, 2013
• Co-chair, Protecting Innovation in High-Tech Industries, Ontario Bar Association, Continuing legal education seminar, May 24, 2012
• Faculty, Essential IP Elements and Concepts, Osgoode Professional Development, Negotiating and Drafting IT Agreements, February 7, 2012
• Co-chair, Divine Discoveries: Building a Great Case, Ontario Bar Association, Continuing legal education seminar, April 19, 2012
• Co-chair, Your First Civil Trial, Ontario Bar Association, Continuing legal education seminar, March 9, 2012
• Co-chair, Dialogue with the Bench and Bar: Tools and Tactics to Improve Your Advocacy Skills, Ontario Bar Association, Continuing legal education seminar, October 4, 2011
• Co-chair, Dialogue with the Bench and Bar: Tools and Tactics to Improve Your Advocacy Skills, Ontario Bar Association, Continuing legal education seminar, September 29, 2009
• Co-chair, Intellectual Property Issues in a Non-IP Context, Ontario Bar Association, Continuing legal education seminar, May 4, 2009
• Co-chair, More Than Simply Inserting an ® Symbol, Ontario Bar Association, Continuing legal education seminar, May 10, 2007
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When is it necessary to consult a lawyer? People decide to visit a lawyer when they face serious difficulties. Professional legal assistance in Toronto is often sought when the case is already in court or a government institution and things are not going as expected. Or worse – the case has already been lost. Therefore, we recommend not delaying and resolving the issue early on.
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