UTGB Vol 5.pdf - Robson Hall Faculty of Law

training; (3) the section in a subsequent contract that aims to attach liability to
a former franchisee shall be deemed null and void.
Including such a section in Manitoba's franchise legislation would achieve
several goals. First, the franchisor will be able to ensure that the proposed
transferee meets the standards of the fran chisor for new franchisees to preserve
the goodwill and image of the entire franchise system. 129 Second, the incoming
party will be in the same position and possess the same knowledge as the
outgoing party. Last, the former franchisee will not be held liable under the new
contract, upon approval of the new franchisee by the franchisor.
D. Franchise Regulatory Body
The latest possible development to franchise legislation in Ontario has emerged
in the same context as did the idea to create franchise legislation. As was the
case in the 1990s, where media attention to 887574 Ontario Inc. v. Pizza Pizza
Ltd. 130 drew the public's focus to the need for franchise legislation, a new series
of cases is currently directing Ontario's franchise community to consider
introducing franchise regulators. The Toronto Star has recently focused on the 3
for 1 Pizza &Wings litigation as the basis for proposing the appointment of some
kind of franchise regulator for the province. 131 The question facing Manitoba is
the same. In introducing franchise legislation, should Manitoba implement a
franchise regulatory body
Although a regulatory office could be structured in a number of ways, 132 its
functions would not vary. A regulator would review the quality of disclosure
given to franchisees, provide an inexpensive system to resolve disputes, rules to
govern contractual relationships and penalties for breaking franchise law. 133 Ben
Hanuka, chairman of the joint subcommittee on franchising for the Ontario Bar
Association, supports the introduction of a regulatory body. He argues that
some franchisors do not give out proper disclosure, and franchisees who have
already invested a life's savings are having to spend large sums of money to
enforce their rights under franchise law. He further states:
[W}e should upgrade the teeth of the statute, and bring in a regulatory body to deal
with the situation where there is an utter breach of providing a disclosure
129
Ibid. at 190.
130
Supra note 18.
131
132
133
Peter Macrae Dillon, "Ontario Franchise Developments in 2005: Welcome to the 'Tween
Years," (Paper Presented to The Six Minute Business Lawyer, The Law Society of Upper
Canada June 2006) online: Siskinds Resources, Articles of Interest at 1.
Manitoba Law Reform Commission, supra note 14 at 54.
James Daw, "Regulator Could Help Franchise Feuds: Province Awaiting Report form
Committee," The Toronto Star, (16 March 2006), online: Toronto Star Online
.