November 2026

Cancelling Your Franchise Agreement: Rescission Rights for Deficient Franchise Disclosure Documents (FDD) Franchisors are held to be in a position of significant power over franchisees. The courts, and the Arthur Wishart Act (“AWA”) aim to address this imbalance and provide franchisees with protection. One example of such protection includes the obligation of franchisors to provide...Read More

The “But For” Test: When Is an Express Counterfactual Analysis Required? Trial judges are generally afforded considerable deference when making findings of fact, including whether a defendant’s negligence caused a plaintiff’s injuries. However, this deference is not absolute. In Hemmings v. Padmore (“Hemmings“)[i], the Supreme Court of Canada (“SCC”) clarified the circumstances in which errors...Read More