Ontario Franchise Law establishment: It started with Tony Martin, John Sotos and me.

March 5, 2016

But like all deceptions, the betrayal starts with one and then mushrooms to thousands. Two lure in several others.

justice

Justizia, by Luca Giordano

December 20, 2000 was the last time I met with Sotos and Martin. Sotos told a very interesting story:

It was his experience that those engage on the “shadow side” of large scale franchise disputes, suffer severe health consequences.

It was fatal for the dad in Ontario’s first franchise class action case, Bulk Barn. It was fatal for a friend called Julie.

Tony‘s not doing so well.

I don’t know how well John, David Sterns, Michael Webster, Jay Harris, Peter Webber, Andrei Oudovikine, Alexendre Oudovikine, Jonathan Lisus, Jeff Lefler and Franck Panczyk and their families are doing.

***

Justice (virtue)

Justice is one of the four cardinal virtues in classical European philosophy and Roman Catholicism. It is the moderation or mean between selfishness and selflessness – between having more and having less than one’s fair share.

Justice is closely related, in Christianity, to the practice of Charity (virtue) because it regulates the relationships with others. It is a cardinal virtue, which is to say “pivotal” because it regulates all such relationships, and is sometimes deemed the most important of the cardinal virtues.

 


Sotos LLP: The McDonalds of CDN franchisee lawyers?

November 27, 2009

I have learned directly, personally, in-their-armpits relationships from the best in franchising.

Ted Gorski, McDonald’s, CollegePro Painters, Nutri-Lawn, Tony Martin, Canadian Imperial Bank of Commerce, Sam Grange, John Lorinc, Paul Herminston, Katherine Swinton, Canadian Franchise Association, Country Style, Gillian Hadfield, Michael Webster, Jay Harris, etc. They’re all brilliant in their areas of expertise.

When I got into a corner and thought I needed legal help I hired the best I couldn’t afford. John Sotos was my on-and-off-again lawyer from 1998 t0 2000 and I learned a great many things from John and his partner David Sterns. Both John and Michael told me to look at and talk to the banks. Oddly enough, the first lawyer I talked to about franchising in 1982 is now a Ontario Superior Court justice in Barrie. I like lawyers but they’ve got to cover their rent too, you know!

Many franchisees want to fight.

That’s good…and bad at the same time.

Many franchisees think in terms of black and white; now or never; us/them.

That’s good…and bad at the same time.

Many franchisees would rather choose a “white knight” professional instead of a group of franchisees plotting their own course.

That’s not good…and really, really horribly bad.

The McDonald’s U.S.A. president described his corporation as a real estate company with an interest in hamburgers. Let me repeat: McDonald’s is a landlord (to franchisees) with an interest in fast food.

I learned that the economics of modern litigation is very similar.

  1. The franchise industry legal cash flows = 95% by franchisors,
  2. Once the retainer is paid any consultants are shown the door (only one expert, please),
  3. Franchisees are one-shot clients (v. repeat business for franchisors),
  4. Disclosure laws are a God-send for billable hours, and
  5. The industry has a very, very long memory for those that oppose it’s interests.

All lawyers are businesspeople that operate in a near-monopoly on certain words and concepts.

Learning these terms is not hard if you have (1) a learning tool and (2) a willingness to face some difficult facts.

Most let their emotions rule their decision making (ie. denial and fear) but in their defense, aren’t really conscious of doing so. They’ve been conditioned to be on their knees and look to Daddy for acceptance.

Education is the only way out.

WikiFranchise.org


%d bloggers like this: