Sunshine is the best disinfectant — including franchising disputes.

The franchising industry (legal bar, banking, franchisor, suppliers) is highly organized.

The franchise bar reigns supreme not just intellectually but on a tightly-controlled cash flow basis. Variation from the established social norms are not tolerated. Everyone knows their place.

An interesting article by Jennifer Dolman of Osler LLP about their clients’ dreams:  Who’s the fairest franchise party of all?

Author:

Jennifer Dolman is a litigation partner with Osler, Hoskin & Harcourt LLP in Toronto. A frequent speaker and writer on franchise law, Jennifer has particular expertise representing franchisors on franchise disputes. She was named Toronto Franchise Lawyer of the Year by The Best Lawyers in Canada 2012 and a Franchise Times Legal Eagle 2012. Jennifer can be reached at jdolman@osler.com or  (416) 862-5911.

Advice: Have us fight for you in the shadows, and not in the light of day (ie. an ON  Court of law).

— quote by  by Justice Lewis Brandeis 1856 – 1941

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When a Canadian franchisee confesses, Whom does the lawyer really serve?

Every year the Franchise Times magazine publishes a Legal Eagles™ listing.

Who are they and Whom do they Serve?

2011 Canadian Legal Eagles™

• Joseph Adler, Hoffer Adler LLP, Toronto, ON, Franchisors
• Jennifer Dolman, Osler, Hoskin & Harcourt LLP, Toronto, ON, Franchisors
• Paul Jones, Jones and Co., Toronto, ON, Both
• Edward “Ned” Levitt, Aird & Berlis LLP, Toronto, ON, Franchisors
• Leonard Polsky, Gowling Lafleur Henderson LLP, Vancouver, BC, Franchisors
• John Rogers, Davis LLP, Toronto, ON, Both
• John Sotos, Sotos LLP, Toronto, ON, Both
• Stéphane Teasdale, Fraser Milner (FMC) LLP, Montreal, QC, Franchisors
• Larry Weinberg,  Cassels Brock & Blackwell LLP, Toronto, ON, Franchisors
• Frank Zaid, Osler, Hoskin & Harcourt LLP, Toronto, ON, Franchisors

Better choose who you talk to because until you pay them, retention letter, etc. there is no solicitor:client relationship [read: confidentiality].

Remember:

1. Bay Street rent isn’t paid for by 1/2 hour freebie chats (defending the offending franchisor…maybe),
2. 95% of all legal work (and almost 100% of repeat business) is paid for by franchisors or their supporters,
3. no lawyer confesses to only doing franchisee work, and
4. how 100% of them belong to the franchisor-only trade association, the Canadian Franchise Association (see Lawyers section).

Be cautious of who you confide in because there is an overwhelming bias against franchisees’ interests.

[Franchise Times, click for pdf, p. 15]