The most fundament and crucial step towards deciding to enter into a Franchise arrangement is getting to know and understand the proposed franchise. Disclosure documents provided by franchise systems in Canada contain a wealth of information, which allows prospective franchisees an opportunity to gain valuable insight into the franchisor’s operations. It is extremely important you take the time to fully analyze the disclosure document and be ready to ask the franchisor any questions that arise from your review. Also, while the following information serves as a general overview, you must also seek your own legal and accounting advice when reviewing a disclosure document.
The document is provided to potential franchisees so that they may make a more fully informed business decision. In Canada, franchise systems are required by law to provide a Disclosure Document to prospective franchisees in the provinces of Alberta, Ontario and PEI. Although franchise systems are only legally required to provide Disclosure Document in these three provinces, many franchisors provide a disclosure document across all of Canada to assist prospective franchisees in learning about the franchise opportunity. Franchisors have different application processes for franchisees but will typically provide the Disclosure Document to prospective franchisees once they have been qualified as a potential franchisee and have shown serious interest in the franchise opportunity. It is not a public document and is usually only available to serious investors. In Alberta, Ontario and PEI the Disclosure Document must be provided a minimum of 14 days prior to the potential franchisee signing any franchise agreements or paying any funds. The Disclosure Document must meet legislative requirements and disclose all material facts regarding the franchise opportunity and the franchise system's history.
The disclosure document is only a summary of important information. Potential franchisees should study the franchise agreement in detail as this is ultimately the document they will be signing. Legal and financial advisors, along with the franchisor, will all assist potential franchisees in reviewing the documents and in clarifying the obligations as a franchisee of the franchise system. Lawyers with franchising experience can review the disclosure document so that he or she can ensure that it meets all legal requirements. Potential franchisees should also seek advice from an accountant and the bank to ensure that they can financially afford the investment. The bank may also request a copy of the Disclosure Document so that they can make an informed lending decision. ( from the CFA bhttp://www.cfa.ca/) For more information call our offices 905- 456-9969 or email ruby@rutmanlaw.com.
Losing your job can be one of the most traumatic experiences in your professional life. Whether it is a result of restructuring, downsizing, or any other non-disciplinary reason, it is important to understand your rights - particularly regarding severance pay in Ontario. A number of employees do not know they might be entitled to compensation beyond basic termination pay. This guide explains who gets severance pay under the ESA, how it differs under common law, and when to speak to a severance lawyer. What is Severance Pay in Ontario? Severance pay is compensation offered at termination without cause after a lengthy relationship. It is meant to acknowledge the years of service and to assist with financial support while one looks for work. In Ontario, severance pay can be calculated in two ways: According to the Employment Standards Act (ESA), which is the minimum standard. According to common law, which often...
Read MoreIn Ontario, wrongful dismissal occurs when a worker is terminated without just cause. It can also involve a breach of the employment contract terms under the Employment Standards Act. It may also be reported under other applicable labour legislation in Ontario. In simple language, this means that an employee was terminated unfairly or illegally. Let’s understand more about the wrongful dismissal situations and how you can deal with them. Types of Wrongful Dismissal Ontario is not limited to only one specific situation of wrongful dismissal. Here are examples: the most common now are: Termination Without Cause: In most situations, an employee has the right to receive notice of their termination without cause or compensation instead of termination. An employer that does not provide such notice is wrongfully dismissing the worker. Constructive Dismissal: It occurs when an employer significantly alters the terms of their employment. For instance, changing the job description,...
Read MoreIt can be upsetting both emotionally and financially to be terminated from your job unexpectedly. The worst part is when the termination is classified as “termination without cause.” In Ontario, this kind of termination happens more often than most people realize. However, many employees do not know what their rights are and what compensation they may be entitled to. The Employment Standards Act in Ontario and common law entitle employees to notice or pay in lieu of notice. In certain cases, additional statutory severance pay should be acknowledged, even when there is no cause. However, many people believe they have no recourse when, in fact, the law provides greater protection than most people expect. At Rutman Law, we have helped thousands of people across Ontario receive the compensation to which they are entitled following a termination. If you were terminated recently or just simply want to know your rights, this...
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Losing your job can be one of the most traumatic experiences in your professional life. Whether it is a result of restructuring, downsizing, or any other non-disciplinary reason, it is important to understand your rights - particularly regarding severance pay in Ontario. A number of employees do not know they might be entitled to compensation beyond basic termination pay. This guide explains who gets severance pay under the ESA, how it differs under common law, and when to speak to a severance lawyer. What is Severance Pay in Ontario? Severance pay is compensation offered at termination without cause after a lengthy relationship. It is meant to acknowledge the years of service and to assist with financial support while one looks for work. In Ontario, severance pay can be calculated in two ways: According to the Employment Standards Act (ESA), which is the minimum standard. According to common law, which often...
Read More
In Ontario, wrongful dismissal occurs when a worker is terminated without just cause. It can also involve a breach of the employment contract terms under the Employment Standards Act. It may also be reported under other applicable labour legislation in Ontario. In simple language, this means that an employee was terminated unfairly or illegally. Let’s understand more about the wrongful dismissal situations and how you can deal with them. Types of Wrongful Dismissal Ontario is not limited to only one specific situation of wrongful dismissal. Here are examples: the most common now are: Termination Without Cause: In most situations, an employee has the right to receive notice of their termination without cause or compensation instead of termination. An employer that does not provide such notice is wrongfully dismissing the worker. Constructive Dismissal: It occurs when an employer significantly alters the terms of their employment. For instance, changing the job description,...
Read More
It can be upsetting both emotionally and financially to be terminated from your job unexpectedly. The worst part is when the termination is classified as “termination without cause.” In Ontario, this kind of termination happens more often than most people realize. However, many employees do not know what their rights are and what compensation they may be entitled to. The Employment Standards Act in Ontario and common law entitle employees to notice or pay in lieu of notice. In certain cases, additional statutory severance pay should be acknowledged, even when there is no cause. However, many people believe they have no recourse when, in fact, the law provides greater protection than most people expect. At Rutman Law, we have helped thousands of people across Ontario receive the compensation to which they are entitled following a termination. If you were terminated recently or just simply want to know your rights, this...
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