franchising and distribution  

 

Franchising and distribution arrangements are important elements of our global economy. A strong franchising or other distribution network enables companies to grow revenues by expanding beyond their home markets to sell their products, services and customer experiences on a national or international stage. Many brands that are global household names today achieved their success through master franchisees and distributors who bring established products, services and customer experiences to international markets. And, entrepreneurs are provided a useful path to build businesses that have the support and brand recognition of established players.

We understand that businesses involved in franchising face unique contractual and legal challenges. Franchisors have invested valuable time and money in developing brands and products, and they are entrusting third parties to uphold standards and maintain goodwill. In many provinces, franchisors also must comply with statutes requiring franchise disclosure. Franchise participants require specialized legal counsel that can help protect their valuable assets, while maximizing their business opportunities.

Lawyers in our Franchise and Distribution Group have deep experience advising on franchising and distribution arrangements and represent some of the world’s largest franchisors and distributors. Our team – which includes a former in-house counsel and franchise law specialist from one of the world’s best known fast service restaurants - advises clients throughout the entire franchise life cycle, from assessing and establishing a franchise system, drafting the legal documents required to ensure effective operation of the franchise, assisting to resolve disputes between franchisor and franchisee, to purchasing and selling a franchise.  

We are experts on provincial franchise legislation, serve on the Canadian Franchise Association’s Legal and Legislative Affairs Committee and routinely write and lecture on franchise and distributorship issues.

In the distribution area, we advise major manufacturers, wholesalers, distributors and dealers on a full range of distribution matters, helping them create and maintain their legal relationships.

McMillan professionals help clients lead by:

  • Drafting the complete range of franchise and supporting agreements including master franchise agreements, and distribution and sales representative agreements
  • Structuring license and distribution arrangements
  • Preparing franchise disclosure documents, and keeping them current
  • Advising on the financing, acquisition or sale of existing franchise systems or individual franchise locations
  • Assisting with the termination of franchisor/franchisee, distributor and agency relationships
  • Advising on the acquisition or sale of distribution businesses
  • Resolving franchisor/franchisee disputes
  • Advising on and enforcing the protection of trademarks and other proprietary rights
  • Advising on legislation governing advertising, contests, packaging and labeling, and other regulatory matters
  • Preparing territorial restrictions and non-competition covenants
  • Advising on the development of distribution networks
June 2017

Litigation, Franchise and Distribution Bulletin

May 2017

Business Law, Labour and Employment, Franchising and Distribution Bulletin

March 2017

Litigation Bulletin

January 2017

Franchise Bulletin

January 2017

Business Law

December 2016

Food and Beverage Bulletin

October 2016

Litigation Bulletin

October 2016

Franchise Bulletin

Litigation Bulletin

August 2016
Litigation and Employment and Labour Relations Bulletin
April 2016
Franchise Bulletin
November 2015
Franchise Bulletin
July 2015
Litigation Bulletin
December 2014
Litigation Bulletin
October 2013
franchising and distribution bulletin