This paper explores the Franchises Act and relevant case law from the perspective of both a franchisor and franchisee. It highlights the challenges, risks, uncertainties, timing and procedures for proper disclosure, and the consequences for failure to meet all disclosure requirements. This paper was presented at LESA’s Franchise Terminations & Rescissions: What You Don’t Know Can Hurt You webinar on October 10, 2024.
The amount of information that may be uncovered during discovery can be significantly broadened by considering records and information held by non-parties. This paper explores several tools available to counsel that may be employed to compel production for non-parties during discovery, including: Norwich orders (r 5.13); introducing evidence from another action (r 6.11(1)(f)); and undertakings to obtain records from third parties (r 5.30(1)(b)). The paper also discusses questioning non-parties under rules 5.17, 5.18, and 6.8, and considers some of the limitations on these rules illustrated by case law.
This paper is part of a collection presented at LESA’s Rules of Court 2017 program held in Edmonton on April 6, 2017 and in Calgary on April 20, 2017.