Franchise Law
Starting or expanding an existing business as a franchisor or franchisee is exhilarating, especially if you’re fulfilling a lifelong dream to be self-employed and join Ontario’s entrepreneurial community.
However, whether your goal is to sell or purchase your first franchise, it’s crucial to ensure you understand your rights and obligations under Ontario’s Arthur Wishart Act (Franchise Disclosure). The most prudent way to achieve this is by seeking professional advice from an established franchise law firm.
The franchise lawyers at Shnier Mackenzie Law specialize in developing efficient and creative franchise law solutions designed to help you achieve business success. We’ll also help you identify and mitigate risks to protect your investment and create value by driving organic business growth.
When you need to understand how the complex regulatory, policy and legal issues involved in buying or selling a franchise business affect you, Shnier Mackenzie can help.
Book a free, no-obligation 30-minute discovery call with a franchise lawyer at Shnier Mackenzie Law to get started on customized legal solutions that put your needs and goals first.
Services for Franchisors
Whether you're selling your first franchise or expanding your existing empire, Shnier Mackenzie Law can advise you on all matters of franchise law. We work with you to ensure your franchise system is fully compliant with the requirements of Ontario's Arthur Wishart Act (Franchise Disclosure) and any caselaw that applies to your business.
Our franchise law team specializes in a wide range of legal services, including:
- Drafting and updating Franchise Disclosure Documents
- Drafting and negotiating the terms and conditions of Franchise Agreements with new franchisees
- Negotiating the renewal of Franchise Agreements with existing franchisees
- Reviewing and negotiating real estate leases with landlords
- Drafting and updating a franchisor's operations manual
- Providing strategic advice regarding the expansion of the franchise system
- Advising on any changes to the law that may affect the franchise system
- Advising on franchise fees, branding, and intellectual property and services provided to franchisees
- Advice regarding material changes to the franchise system
- Strategic legal advice to protect your business and reduce the risk of litigation
- Assisting with the collection of any outstanding franchise fees, if necessary
- Drafting and negotiating Termination Agreements with individual franchisees, if necessary
- Drafting Employment Agreements and Independent Contractor Agreements for the franchisor's employees and contractors
Services for Franchisees
Purchasing a franchise and signing a Franchise Agreement is a major long-term business decision that can have significant implications for you and your family.
The franchise legal team at Shnier Mackenzie law helps new and existing franchisees with sound legal solutions that ensure your franchise business is fully compliant with the requirements of Ontario's Arthur Wishart Act (Franchise Disclosure) and any applicable caselaw. We also work with you to help you understand your rights and obligations under your Franchise Agreement.
Our franchisee legal services include the following:
- Reviewing the Franchisor's Franchise Disclosure Document (including the Franchisor's Audited Financial Statements) to help you determine whether a given franchise system is the right fit for your business
- Advising on the benefits and risks of signing a Franchise Agreement with any given franchisor
- Negotiating the terms of your Franchise Agreement with the franchisor
- Reviewing and negotiating real estate leases with landlords
- Advising on the renewal of your Franchise Agreement with the Franchisor, if applicable
- Ensuring that you clearly understand your legal obligations as a franchisee
- Reviewing the Franchisor's Operations Manual so that you can ensure that your franchise complies with the standards established by the franchisor
- Drafting Employment Agreements and Independent Contractor Agreements for your franchise's employees and contractors
- Drafting and negotiating a Termination Agreement with the Franchisor, if necessary
About Jonathan Mackenzie, B.A., J.D.
Jonathan Mackenzie leads our Franchise Law Department. He has over a decade of litigation experience, having previously led the legal department of the largest Canadian-owned real estate franchisor.
His practice focuses on franchise law, labour & employment law, intellectual property law, and other corporate and commercial matters, including those pertaining to franchisors and franchisees. Jonathan also provides professional legal, policy consulting, and strategy services to law firms, regulated health professional associations, health care providers, and individuals.
About Josh Eisen, B.A. (Hons.), M.A., J.D.
Josh practices in Business & Corporate Law, Franchise Law, and Health Law, advising entrepreneurs and business owners at every stage of in their business’ life cycle. From incorporation, to restructuring, to the sale of businesses, Josh provides strategic and experience-informed advice customized to our clients. Josh has helped clients secure more than $400 million in financing from venture capital funds and other institutions. He has negotiated numerous purchase agreements opposite institutional purchasers and isn’t afraid to take on the big guys.
Legal counsel on your terms
Our law firm focuses on building solid relationships with our clients, whether we're serving as your External General Counsel (on retainer) or providing on-demand Independent Legal Advice (ILA). However you prefer to engage us, we provide sound, actionable strategies that ensure legal and professional regulatory compliance, mitigating circumstances to avoid conflict and litigation, and much more.
Book a free, no-obligation 30-minute discovery call with a a franchise lawyer at Shnier Mackenzie Law.
We’re here whenever you need us
Our franchise law team is passionate about helping you succeed. We're ready to develop creative legal solutions to assist you with miscellaneous issues that may arise in the daily operations of your franchise business. Our team will also ensure you're always in compliance with your franchise agreements and Ontario's applicable franchise laws, regulations, codes, and policies. Consider us your trusted legal partners who keep your interests first and foremost.
Access a network of local professionals
Our broad experience in business law has given us the privilege of developing relationships with a wide network of top-notch business professionals, such as accountants, specialist lawyers, brokers, financial professionals, and more. We can augment your existing professional team with our network of professionals when necessary to help drive maximum business growth. Our team can also collaborate with U.S. and overseas counsel for our international clients to ensure that your solutions work inter-jurisdictionally.