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Franchise litigation is almost regularly founded on an alleged breach of the franchise agreement and/or franchise legislation. In many cases the issues involve the interpretation of key provisions of the agreement or the applicable legislation, and in some cases may involve international parties. Common franchise industry practices may be relevant and need to be explained to the court or other decision-maker. An offshoot of expert testimony in franchise cases may pertain to the standard of care applicable to lawyers in solicitor negligence cases. An expert witness is often retained by a party to prepare an expert report and give evidence in these situations.
The experience and qualification of the expert must be established and accepted by the court or other decision-maker in order for the expert to give credible evidence and the expert must be prepared for thorough cross-examination by opposing counsel and for detailed questioning by the court or other decision-maker.
Frank has been retained and given expert reports and evidence in many franchise cases on various legal interpretations and business practices as well as the standard of care of lawyers in solicitor negligence cases. His evidence has been readily accepted and relied upon, and he has never been challenged as an expert. In one Ontario case the sitting Superior Court Judge stated in the written decision that there was no one more knowledgeable about franchise law in the province. His works have been cited in the Supreme Court of Canada.