franchising and distribution disputes  


Franchising and distribution arrangements continue to be increasingly important elements of our global economy. 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.

McMillan's Litigation Group understands that franchising and distribution arrangements are different from other types of business relationships. We also know that when dealing with potentially hundreds of franchisees and distributors, disputes are bound to arise. When they do, McMillan zealously represents our clients' interests.

The litigators of our Franchise and Distribution Group have extensive experience representing clients in all manner of franchising and distribution disputes, from defending claims for breaches of franchise legislation and resisting injunctions designed to restrain terminations to enforcing non-competition clauses against, and recovering inventory and payments from, former franchisees/distributors.

We represent some of the largest franchisors and suppliers operating in Canada—both domestic and international.

McMillan professionals help clients lead by:

  • Advising on and litigating the applicability of franchise legislation to distribution and sales representative relationships
  • Advising on and defending against alleged breaches of franchise legislation and other distribution-specific legislation
  • Advising on the termination of franchisees and distributors and defending termination decisions
  • Litigating and enforcing intellectual property rights, restrictive covenants and non-competition clauses
  • Recovering inventory and enforcing payment obligations
  • Resolving disputes through alternative dispute resolution, including mediation and arbitration