Q&A with Frank Zaid Updated from the original article published in Canadian Franchise Business Magazine June 2018. Q. How can franchisors and franchisees work together to forge good franchise relationships and avoid litigation? A. A simple question with a fairly detailed answer! A key principle to keep in mind is that it is up to both parties – …
Originally published in the Canadian Business Franchise magazine on March 27, 2014 Q: Why are mediation and arbitration important in the resolution of franchise disputes today? A: My experience in alternative dispute resolution (ADR), through the mediation and arbitration of franchise disputes, has convinced me it is a natural and expanding resource for possible solutions to franchising …
Adapted and updated from an article published by the author in the Canadian Business Franchise 2019 Handbook and linked to the online Canadian Business Franchise Magazine Updated February 12, 2021. By Frank Zaid I have been involved in franchising in many capacities for over 45 years, as a franchise lawyer, a mediator, an ombudsman, an …
Updated from an article originally published on BetheBoss.ca on April 17, 2015. Can a franchisor avoid the possibility of a franchisee class action by including an arbitration clause in its franchise agreements? In a 2014 decision the Ontario Superior Court stayed a proposed class action in a case commenced by Pillar to Post franchisees alleging …
Published as a link in the online Canadian Franchise Association updated, January 15, 2021 What’s in a name: Ombudsperson, Ombudsman, and Ombuds? The name “ombudsman” (om budz man) comes from Swedish and literally means “representative.” At the most fundamental level, an ombudsman is one who assists individuals and groups in the resolution of conflicts or …
It is well settled in Canadian case law that automobile dealers are considered franchisees under provincial franchise legislation. Accordingly, dealers and their automobile manufacturers are subject to all rights and obligations under such legislation, including the right of both parties to invoke normal court procedures to resolve disputes. However, there is a special process …
Originally published in the Canadian Franchise Association Franchise Voice Fall 2016 updated on February 2, 2021by fezcanadmin A number of years ago the International Franchise Association Franchise Relations Committee published a handbook entitled “Resolving Disagreements by Working Together: A Dispute Resolution Handbook for Franchisors and Franchisees”. In the Introduction to the handbook it was stated that “[R]esolving …
Originally published in Canadian Business Franchise magazine on January 10, 2012 Q: I am thinking of acquiring a franchise from a U.S. franchisor with no Canadian offices, employees or operations. Are there any specific considerations I should take into account in this scenario? A: Canada has long been the first choice for international expansion by many U.S. …
This article appeared on pages 36-37 of the Spring 2020 edition of The Franchise Voice published by the Canadian Franchise Association By Frank Zaid Franchisors and franchisees and their legal counsel concerned about the costs and delays in litigating disputes through the traditional court process are increasingly looking to alternate dispute resolution (“ADR”) including mediation and …
