BRIGHT HORIZONS IN INTERNATIONAL FRANCHISING

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1 CHICAGO MARRIOTT DOWNTOWN MAGNIFICENT MILE CHICAGO, IL BRIGHT HORIZONS IN INTERNATIONAL FRANCHISING

2 Canada British Columbia next up for franchise legislation? Case-law review New anti-spam/anti-spyware legislation

3 British Columbia Franchise Legislation No federal franchise legislation in Canada Provinces with franchise legislation: Ontario, Alberta, New Brunswick, Prince Edward Island, Manitoba. Provinces/territories without franchise legislation: Newfoundland and Labrador, Quebec, Saskatchewan, Nova Scotia, British Columbia, Yukon, Northwest Territories, Nunavut

4 British Columbia Franchise Legislation February 5, 2013 BC branch of the Canadian Bar Association releases An Agenda for Justice. April 2, 2013 British Columbia Law Institute (BCLI) releases the Consultation Paper on a Franchise Act for British Columbia March 31, 2014 BCLI releases the Report on a Franchise Act for British Columbia

5 British Columbia Franchise Legislation The BCLI has recommended that BC enact franchise legislation. The BCLI has proposed that the legislation based on the ULCC s Uniform Franchises Act. Substantially similar to existing franchise legislation in other provinces.

6 Case-law Springdale Pizza (2014 ONSC 530) March 2014 decision is 11th decision in 4 years on same case. Disclosure documents that are deficient may be so deficient as not to be disclosure documents at all; Franchisors cannot rely on documents provided by selling franchisees to purchasing franchisees to satisfy the disclosure requirement; Franchisees who sell their franchises are not responsible for providing disclosure documents to purchasers; and The resale exemption to the disclosure requirement will be narrowly construed (e.g., limited practical application).

7 Case Law Cora Restaurants (2014 ONSC 600) Restriction on the release of AWA claims is already known (Midas) New restriction on the release of non-awa claims?

8 Anti-Spam / Anti-Spyware Legislation Federal legislation Creates new rules covering (among other things): commercial electronic messages (CEMs) installation of computer programs Maximum penalty of $10,000,000 per violation for businesses; $1,000,000 for individuals (i.e. per message, installation, alteration) Private right of action for violations of the act

9 Anti-Spam / Anti-Spyware Legislation CASL comes into force on July 1, 2014 Transition period beings Short delay for computer program provisions January 15, 2015 Longer delay for private right of action July 1, 2017

10 Anti-Spam / Anti-Spyware Legislation Basic prohibition: It is prohibited to send or cause or permit to be sent to an electronic address a commercial electronic message unless: (a) the person to whom the message is sent has consented to receiving it, whether the consent is express or implied; and (b) the message complies with subsection 6(2) [prescribed disclosure & opt-out mechanism]. Some exceptions and exemptions exist, but are qualified. Similar requirements for installation of computer programs

11 Canada Questions?

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