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21 August 2018
Bruno Floriani Franchisor caught between rock and hard place: importance of clear exclusivity clauses

Canada - Lapointe Rosenstein Marchand Melançon LLP

Franchise arrangements often involve a three-way relationship whereby franchisors enter into commercial leases with landlords and then sublease the rented premises to franchisees. Such leases often contain an exclusivity clause limiting the landlord's ability to lease nearby commercial space to competitors of the franchise network. The Superior Court of Quebec recently confirmed that exclusivity clauses must be interpreted and applied restrictively so as not to unduly interfere with the parties' freedom of contract.

Authors: Bruno Floriani, Marissa Carnevale, Tanya Nakhoul
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Gordon Drakes Joint venture franchises: the whys and wherefores

International - Fieldfisher LLP

Franchising provides a flexible model for growth or re-engineering, with a variety of structures to meet different needs. Of all of the structures, the joint venture franchise is the least understood and most likely to cause difficulties if not structured correctly. In order to understand why this is so, it is necessary to consider the rationale for using the joint venture model and the manner in which such a relationship should be structured.

Authors: Gordon Drakes, David Bond
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Recent updates

Raphael Mellerio Challenge of restitutions following cancellation of franchise agreement

France - Aramis Law Firm

Authors: Raphael Mellerio, Bertrand Baheu-Derras
Vicky Reinhardt Don't forget to renew those vows – the franchise marriage

United Kingdom - Fieldfisher LLP

Authors: Vicky Reinhardt, Gordon Drakes
Bruno Floriani Franchisors rejoice! Ontario Court of Appeal raises bar for franchise rescission

Canada - Lapointe Rosenstein Marchand Melançon LLP

Authors: Bruno Floriani, Marissa Carnevale