Our Franchise and Distribution Law Group

Expanding a business by using franchising and distribution arrangements has grown significantly in North America over the last few decades.  Borden Ladner Gervais LLP recognizes that franchising and distribution are distinct from other forms of business and play an important role in the North American economy.  Our Franchise and Distribution Law Group is composed of an experienced team of lawyers across the country that are aware of the unique issues that franchisors and distributors encounter in their business.

At Borden Ladner Gervais our clients include a wide variety of international and national franchisors and distributors that are involved in virtually every sector of business including that retail, automotive, restaurant, service and manufacturing sectors.  Our Franchise and Distribution Law Group provides a full range of legal services to our clients whose core business is franchising or distribution by working closely with other lawyers in our firm who specialize in the areas of real estate, trade-marks, information technology, labour and employment, commercial lending, business acquisitions and insurance.

Our Services

Franchise Agreements

  • Our Franchise and Distribution Law Group negotiates, drafts and reviews various franchise and distribution agreements, including: 
    • Master Franchise Agreements
    • Unit Franchise Agreements
    • Area Development Agreements
    • Dealership Agreements
    • Distribution Agreements
    • Sales Agency Agreements
    • Confidentiality and Non-disclosure Agreements

Disclosure Documents

Our Franchise and Distribution Law Group is experienced in advising clients about matters that impact franchisees as a result of franchise legislation in Alberta, Ontario and Prince Edward Island.  We are able to assist our franchise clients in preparing disclosure documents that are required by provincial law.

Compliance and Enforcement

  • Our Franchise and Distribution Law Group provides a full range of services with respect to ensuring compliance and enforcement with the contractual obligations contained in franchise and distribution arrangements.  Our experienced team of lawyers provide compliance and enforcement services through demand and litigation.  Our experience includes:
    • Appearing before all levels of Court on franchise matters
    • Assisting in terminating franchise and distribution agreements
    • Obtaining injunctions to enforce the terms of franchise and distribution agreements
    • Recovery of monies due under franchise and distribution agreements
    • Enforcing non-competition covenants contained in franchise and distribution agreements
    • Policing and enforcing trade-mark rights

Our Resources

Borden Ladner Gervais LLP is committed to the use of advanced technological resources to reduce costs and improve efficiency for our clients.  Our systems are among the most advanced currently in use in Canada.  For example, we use sophisticated litigation support and file management systems.  This provides not only opportunities to reduce costs, but to ensure the services we are providing are delivered in an efficient and timely manner.

Our firm's professional librarians provide outstanding research and information retrieval services.  We maintain precedent and opinion databases allowing for efficient and immediate research when required.  The latest technology is employed to further assist with research and gathering of information on issues of interest to our clients, including monitoring of media sources, circulation of case law, on-line data bases from numerous common law jurisdictions, the internet, as well as our firm's collection of over 20,000 volumes.

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