We are thrilled to welcome Aishwerya Kansal to The ITL Network Board!

Aishwerya is an Internationally Trained Lawyer and an Alumna of Osgoode Hall Law School. Prior to moving to Canada, she was a Trademark, Copyright and Contractual IP Associate with the globally recognized, IAM Strategy 300 Global Leaders IP Boutique firm, Anand & Anand. Presently, she is an Innovation Clinic Fellow with the IP Osgoode, Intellectual Property Law & Technology Program which is supervised by Bereskin & Parr and Norton Rose Fulbright LLP. She is also a member of CAN-TECH and sits on the committees of Artificial Intelligence, Women in Tech and Diversity.

Please join us in welcoming Aishwerya Kansal to the Board!

By: Sam Khajeei & Kenny Okunola | 

The recent decision of the Ontario Superior Court of Justice (the Court) in the case of 2483038 Ontario Inc. v. 2082100 Ontario Inc. (2020 ONSC 475) (the Fit for Life Decision) highlights the importance of ensuring the delivery of a compliant franchise disclosure document (a FDD) upon the grant of a franchise and serves as a reminder to franchisors and their principals of the significant consequences of failing to do so.  

In this case, the franchisee entered into a franchise agreement with the franchisor for the operation of a “Fit for Life” restaurant in Ontario. The franchisee opened for business on or around December 14, 2015 and ceased operating on or around August 11, 2017 after delivering a notice of rescission to the franchisor. The FDD delivered by the franchisor to the franchisee contained a signature block on page 4 of the FDD where there was some corporate information about the franchisor being disclosed. This was where Mr. Samuel Davis (Mr. Davis), the sole director and officer of the franchisor, had signed the FDD rather than the “Certificate of Disclosure” on page 27 of the FDD.

Continue reading “Tales of Flawed Disclosure: The Importance of the FDD Certificate”

 

It all seemed like yesterday when I was finishing up my NCA exams and looking forward to the start of my Human Resources Certificate course at the Chiu School of Business, Bow Valley College, Calgary AB.

I get asked a lot, why HR? For me, it was the fastest way to learn about the legislative framework of employment and labour relationships as well as gaining relevant knowledge on HR functional areas. Having wielded the position of HR Manager and Legal Manager in 2014, I know very well that there is some overlap. I cannot begin to quantify what I have learnt on Employment Standards, Privacy, Discrimination, Human Rights, Duty to Accommodate, Occupational Health & Safety, Worker’s Compensation, Termination Procedures, Labour Relations, Grievances, Arbitration, amongst many others.

Continue reading “Beginning Again: My Licensing Journey Chronicles.”