Study A Civil Action, 1998: Don’t be a patsy franchisee leader in a Big Tort action.

November 20, 2017

It stopped being about justice the moment the writ was dropped.

The truth is in the bottom of a bottomless pit.

“I don’t have to call anyone, do you?”

It’s important for Canada’s two elite class action franchise lawfirms to give the appearance of a fair fight.

November 15, 2017

Behind the scenes, the amount the franchisor will be paying out to the lawyers has already been agreed to.

Why risk paying out +$1B when $25 million to each law firm (> 0.5%) will trip up the lawsuits?

It’ll never get to trial anyway.

Tim Hortons franchisor slammed with 2nd class action: now $500+$850-million for intimidation.

October 15, 2017

As I mentioned before, Right to Associate is the “game changer” for intelligent groups of Canadian  franchisees.

TORONTO, ONTARIO: MAY 17, 2017–TIM’S–Tim’s Horton’s location on Wyecroft Road in Oakville, Ontario, Wednesday May 17, 2017. [Photo Peter J. Thompson] [For Financial Post story by Hollie Shaw/Financial Post] //NATIONAL POST STAFF PHOTO

A good article by Hollie Shaw Tim Hortons franchisees sue corporate parent for $850M, alleging bullying, and

TORONTO — Tim Hortons franchisees who created an association to address their grievances with parent company Restaurant Brands International Inc. have filed an $850 million class action lawsuit against the company, the fast food operator is trying to intimidate its restaurant owners and force the franchisees who formed the group out of their restaurants.


Les Stewart, an Ontario-based franchisee consultant, said the issuance of default notices to franchisees is highly unusual.

“This shows a predatory franchisor at its worst and it suggests (RBI) is taking a juvenile approach towards Canadian law,” he said. “It seems that they don’t understand the difference between a franchisee and an employee.”

It is not an easy legal road for master franchisors to take back healthy franchises, Stewart added.

“The Superior Courts understand how franchising works.”

I was pleasantly surprised to find out how discerning Superior Court Justices are about the David and Goliath, predatory  nature of franchising.

Tim Hortons franchisees will win if they establish their right to exist collectively.

September 24, 2017

As I said a couple of years ago, it’s the crucial but incomplete Right to Associate provisions of the franchise law that are key.


But be quick: Statement of Claim, trial and then appeal.

Ditch the lawyer if he/she delays.



Is the most important educational innovation in mom-and-pop franchise investing?

July 24, 2017


Ever? Yes. since Feb 2009.


The economic, rational reasons why a $15 an hour minimum wage helps Ontario.

July 11, 2017

Fifty (50) professional economists say it’s a good thing.


Might want to take a look – –  see July 4th media release

Canadian economists issue open letter in support of a $15 minimum wage in Ontario

TORONTO, ONTARIO–(Marketwired – July 4, 2017) – Ahead of Ontario’s public hearings on Bill 148, Fair Workplaces, Better Jobs Act, over 50 economists across Canada have penned an open letter supporting a $15 minimum wage. The signatories of the letter explain that a higher minimum wage is not only an economically responsible measure, but also a much needed one.

The full text of this letter is below, and can also be accessed at

We, the undersigned economists, support the decision to increase the minimum wage in Ontario to $15 an hour. Raising the wage floor makes good economic sense.

Today, Ontario’s minimum wage is $11.40 per hour. Adjusted for inflation, this is barely one dollar higher than its value in 1977. Yet over the same four decades, the average productivity of workers has increased by 40%. And the prevalence of minimum wage work is spreading. Around 1 in 10 Ontario workers make minimum wage today, with a large increase in this proportion over the last two decades.

Low wages are bad for workers as individuals. An individual working full-year, full-time on the minimum wage can still fall short of the poverty line. The situation for minimum wage workers trying to support families is no better—and evidence shows that this is increasingly what is asked of minimum-wage workers. The stereotype of the teenager living at home making minimum wage is out of date: over 60% of workers earning minimum wage in Ontario in 2015 were over the age of 20, as were over 80% of those making $15 or less.

But low wages are also bad for the economy. There are good economic reasons to raise the incomes of low-wage workers. Aggregate demand needs a boost. While Canada escaped the harshest impacts of the 2007-08 financial crisis, our country has also seen a slowdown in growth. We risk further stagnation without reinvigorated economic motors. As those with lower incomes spend more of what they earn than do those with higher incomes, raising the minimum wage could play a role in economic revival, improving macroeconomic conditions.

For years, we have heard that raising the minimum wage will kill jobs, raise prices and cause businesses to flee Ontario. This is fear-mongering that is out of line with the latest economic research. Using improved techniques that carefully isolate the effects of minimum wage increases from the remaining noise in economic data, the weight of evidence from the United States points to job loss effects that are statistically indistinguishable from zero. The few very recent studies from Canada that have used these new economic methods agree, finding job loss effects for teenagers smaller by half than those of earlier studies and no effect for workers over 25.

There are many possible reasons for minimum wage increases to lead to little or no job loss. Studies have found lower turnover, more on-the-job training, greater wage compression (smaller differences between higher- and lower-paid workers) and higher productivity after minimum wage increases. In short, raising the minimum wage makes for better, more productive workplaces.

The business lobby has also suggested that any minimum wage increases will simply be passed on as higher prices. First, the above-mentioned improvements will offset some part of the higher labour costs to business. Second, there is no instantaneous, automatic mechanism between higher labour costs and higher prices. Some of the costs not absorbed by increased efficiency may go to price increases, but these are likely to be small and, for low-wage workers, offset by higher incomes coming from rising wages. Furthermore, if we remember that over 1 in 4 workers in Ontario makes under $15 per hour, we should not treat slightly higher inflation as the main criterion of successful policy; instead we should focus on the substantial benefit to low-wage workers, their families and the economy as a whole.

Across North America, recent years have seen more minimum wages increases, some quite substantial. And so far, none of the doom-and-gloom predictions have come true. Seattle and the municipality of SeaTac, two of the first to institute minimum wage increases, continue to thrive even after increases. Of course, more rigorous studies will have to be conducted (as scientists we are excited by the prospect of new data to analyze) but so far the effects of minimum wage increases have been in line with the expectations of those of us who believe that raising the minimum wage is a positive step for workers and the economy.

Economics may be known as the “dismal science” but on the issue of the minimum wage many economists are ready to admit that the weight of evidence points to a strong case for raising the minimum wage. 600 of our colleagues in the United States, 7 Nobel Prize winners among them, signed a letter urging the United States government to raise the federal minimum wage to $10.10 an hour from the current $7.25—in percentage terms an even larger increase than that from $11.40 to $15 in Ontario. A further letter calling for a staged increase of the federal minimum wage to $15 was signed by 200 economists. There is no consensus against raising the minimum wage among our profession; indeed, the emerging understanding is quite the opposite.

We believe that raising Ontario’s minimum wage to $15 an hour is a good idea and one that is economically sound.

  1. Abdella Abdou, Brandon University
  2. Fletcher Baragar, University of Manitoba
  3. Michael Bell, Manitoba Teachers’ Society
  4. Sheila Block, Canadian Centre for Policy Alternatives – Ontario
  5. Hassan Bougrine, Laurentian University
  6. Michael Bradfield, Dalhousie University
  7. Jordan Brennan, Unifor
  8. Robert Chernomas, University of Manitoba
  9. Robert W. Dimand, Brock University
  10. Catherine Douglas, University of British Columbia
  11. Lynne Fernandez, Canadian Centre for Policy Alternatives – Manitoba
  12. Kelly Foley, University of Saskatchewan
  13. Marc-André Gagnon, Carleton University
  14. David Green, University of British Columbia
  15. Marjorie Griffin-Cohen, Simon Fraser University
  16. Pierre-Antoine Harvey, Centrale des syndicat du Québec
  17. Rod Hill, University of New Brunswick
  18. Ian Hudson, University of Manitoba
  19. Mustapha Ibn Boamah, University of New Brunswick
  20. Gustavo Indart, University of Toronto
  21. Iglika Ivanova, Canadian Centre for Policy Alternatives – British Columbia
  22. Andrew Jackson, Carleton University
  23. Mohsen Javdani, UBC Okanagan
  24. J. Rhys Kesselman, Simon Fraser University
  25. Anna Klimina, University of Sasketchwan
  26. Marc Lavoie, University of Ottawa
  27. Marc Lee, Canadian Centre for Policy Alternatives – British Columbia
  28. John Loxley, University of Manitoba
  29. David Macdonald, Canadian Centre for Policy Alternatives
  30. Angella MacEwen, Canadian Labour Congress
  31. Hugh Mackenzie, Canadian Centre for Policy Alternatives
  32. Brian MacLean, Laurentian University
  33. Fiona MacPhail, University of Northern British Columbia
  34. Joan McFarland, St. Thomas University
  35. Anthony Myatt, University of New Brunswick
  36. Lars Osberg, Dalhousie University (past President of the Canadian Economics Association)
  37. Patricia E. Perkins, York University
  38. Mathieu Perron-Dufour, Université du Québec en Outaouais
  39. Craig Riddell, University of British Columbia (past President of the Canadian Economics Association)
  40. David Robinson, Laurentian University
  41. Louis-Philippe Rochon, Laurentian University
  42. Michal Rozworski, Ontario Confederation of University Faculty Associations
  43. Toby Sanger, Canadian Union of Public Employees
  44. Mario Seccareccia, University of Ottawa
  45. John Serieux, University of Manitoba
  46. Garry Sran, Alberta Union of Public Employees
  47. Jim Stanford, McMaster University
  48. Kaylie Tiessen, Unifor
  49. Peter Victor, York University
  50. Jesse Vorst, University of Manitoba
  51. Barry Watson, University of New Brunswick
  52. Armine Yalnizyan, Public Economist
  53. Vicki Zhang, University of Toronto

An Ontario $15 an hour minimum wage has franchisors and their minions crying “The Sky is Falling”

July 11, 2017

Maybe franchisors could stop gouging their franchisees on forced, tied couponing, buying of supplies, renovations and services?

A good summary in the Globe and Mail today, entitled, Ontario seeks public input on $15 minimum wage:

Businesses are strongly opposed to the increase, particularly the quick pace of it. A coalition of groups including the Ontario Chamber of Commerce, Restaurants Canada and the Canadian Franchise Association are sending Premier Kathleen Wynne a letter Monday, slamming the “arbitrary” increase.

“Many Ontario employers, especially small businesses, are now considering closing their business because they do not have the capacity to successfully manage such reforms,” they write.

That way, they could afford to pay their 400,000 to 600,000 Ontario staff a living wage.

Just like the 50 professional economists say they could/should.

Which shareholder enables the franchisee class-action game?

June 29, 2017

The informal franchisee leaders. The organizers. The “white knights”.

When the class-action fraud sausage explodes, You can’t really blame the lawyers for pandering to your lack of wholeness, wisdom, and confidence.

Can you?

Who profits when a $500-million Canadian class-action franchise lawsuit happens?

June 21, 2017

The least likely are individual franchisees.

That may or may not happen especially when 98% of all lawsuits never make it to trial and withstand an appeal.

The negotiations are held between the 2 lawyers. Franchisees are decision takers.


  • Franchisor (defendent) – the only payer, repeat player, credence good monopolists, (happier to pay 2 law firms a lot rather than a little to hundreds of franchisees)
  • Franchisor’s Specialized Law firm – only one in Canada, repeat player, expert credence good provider, member of franchisor association
  • Franchisees (plaintiff) – one time player, only non-credence good player, unskilled but unaware
  • Franchisee’s Specialized Law firmonly one in Canada, repeat player, expert credence good provider, member of franchisor association

Both CDN law firms (one for the franchisor, one for the franchisee) at this level are businesspeople, first and foremost.

The two law firms act as rent seeking coercive monopolists.

The chief weapon of sea pirates, however, was their capacity to astonish. Nobody else could believe, until it was too late, how heartless and greedy they were.

June 18, 2017

The worst thing that could possibly happen to anybody would be to not be used for anything by anybody. Thank you for using me, even though I didn’t want to be used by anybody.


Kurt Vonnegut (1922 – 2007)

Congressman Nixon had asked me why, as the son of immigrants who had been treated so well by Americans, as a man who had been treated like a son and been sent to Harvard by an American capitalist, I had been so ungrateful to the American economic system.

The answer I gave him was not original. Nothing about me has ever been original. I repeated what my one-time hero, Kenneth Whistler, had said in reply to the same general sort of question long, long ago. Whistler had been a witness at a trial of strikers accused of violence. The judge had become curious about him, had asked him why such a well-educated man from such a good family would so immerse himself in the working class.

My stolen answer to Nixon was this: “Why? The Sermon on the Mount, sir.”

The most important message of a crucifix, to me anyway, was how unspeakably cruel supposedly sane human beings can be when under orders from a superior authority.

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