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 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 in our Franchise and Distribution Group have extensive experience representing franchisors and suppliers in all manner of franchising and distribution disputes, from defending claims for breaches of provincial franchise legislation, deficient disclosure documents and resisting injunctions designed to restrain terminations to enforcing non-competition clauses against, and recovering inventory and payments from current and former franchisees/customers.
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.
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
- Defending clients in class actions
- 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
August 2020
Franchise and Distribution Bulletin
February 2020
Franchise and Distribution Bulletin
July 2019
July 2018
Franchise and Distribution
February 2018
Franchise & Distribution Bulletin; Litigation Bulletin; Business Litigation Bulletin
November 2017
Litigation, Business Litigation, and
Franchise & Distribution Bulletin
October 2017
Business Litigation Bulletin
July 2017
June 2017
Litigation, Franchise and Distribution Bulletin
May 2017
Business Law, Labour and Employment, Franchising and Distribution Bulletin
January 2017
December 2016
Food and Beverage Bulletin
October 2016
August 2016
Litigation and Employment and Labour Relations Bulletin
April 2016
Franchise Bulletin
November 2015
August 2015
Litigation Bulletin
July 2015
December 2014
Litigation Bulletin
October 2013
franchising and distribution bulletin