Franchising

At Boughton Law, we regularly act for some of Canada’s most successful franchisors, area developers and regional master franchisees. Our clients come from a broad spectrum of industries, including the hotel and food service industry.

Areas of Expertise

Franchisors
The myriad of business and legal issues pose a substantial challenge for prospective franchisors wishing to start or expand a franchise in Canada. To build a successful franchise system, we can assist you with:

  • finding the ideal corporate structure for your franchise;
  • preparing all franchise and related agreements for use with franchisees, as well as all Franchise Disclosure Documents (FDDs) and Statements of Material Change (SMC) documents required by Canadian law; and
  • registering and protecting your trademarks and other intellectual property.

If you’re a startup franchisor, we can draft contracts to   enable you to grant unit franchises, area development or master franchise agreements. We will also prepare your FDD where such document is required by law. If you’re an existing franchisor from another jurisdiction, such as the United States, we can adapt all of your franchise agreements and FDDs so they are compliant with Canadian law.

If you’re a franchisor and the relationship with one of your franchisees has broken down, we can help you on compliance, enforcement and termination matters, including the mediation of a dispute, or if necessary, litigation.

Franchisees
For prospective franchisees, a lot is at stake when the decision is made to buy into a franchise system. From negotiating key elements of the franchise agreement to advising on critical issues such as personal guarantees, currency and supply issues, we will guide you through all steps of the process in order for you to secure the best deal possible. We know what the key issues are because we draft unit, area and master franchise agreements for our franchisor clients. We know what is standard and what is not.

Your Benefits

At Boughton Law, we understand franchising as a business as much as we understand franchising as a specialized legal area. Take advantage of almost 30 years of legal experience in franchise law and our practical, businesslike approach to franchising.

Whether you are a startup franchisor, an established franchisor, a U.S. based franchisor expanding into Canada or a prospective franchisee seeking to utilize a franchisor’s brand and business system, you can expect practical legal advice that comes from years of experience in this area.