UTGB Vol 5.pdf - Robson Hall Faculty of Law

128 Underneath the Golden Boy
settlement agreement made in resolution of all or some of the issues in dispute
or any information that does not directly or indirectly identify the parties or the
dispute and that is disclosed for research or statistical purposes.
iii. Prince Edward Island & Alberta
Schedule I, Part Ill, s. 16 of P.E.I.'s Franchises Act Regulations 161 requires a
franchisor to disclose a description of any restrictions or requirements imposed
by the franchise agreement with respect to arbitration, mediation, or other
ADR process, including any requirements relating to the location or venue of
such a process.
In contrast to all other legislated jurisdictions in Canada, Alberta has yet to
incorporate an ADR provision.
iv. ULCC
In contrast to all existing Canadian franchise legislation, s. 8 of the UFA
contains the most extensive description of a dispute resolution process to be
adopted by parties to a franchise agreement. It is important to note, however,
that, when passed, New Brunswick's Franchises Act will closely resemble the
UFA, the only difference being that the UFA does not contain a provision
stating that the delivery of a notice of dispute or notice to mediate does not
preclude a party to a franchise agreement from taking any other measure in
relation to the subject matter of the dispute. 162
In composing such provisions, the ULCC considered at great length whether
franchise disputes would be resolved more advantageously through a form of
ADR. Recognizing that in certain provinces the rules of practice in civil
proceedings mandate a form of pre#trial mediation, the Committee determined
that it would be beneficial to provide for mediation to be invoked by any party
to a franchise agreement. 163 In support of mediation, the ULCC states:
The Committee believes based on its own experiences and those brought to the
attention of the Committee that party initiated mediation will be of significant benefit
to resolve franchise disputes prior to the commencement of, as well as after the
commencement of, litigation proceedings. 164
Where the UFA differs even from New Brunswick's Bill 32 is in its regulations.
In dealing with the issue of mediation, rather than including further provisions
161
R.S.P.E.I. 1988, Chapter F14.1.
162
Bill 32, Franchises Act, lu Sess., 56th Leg., New Brunswick, 2007, s. 8(10) (received first
reading on 23 February 2007) .
163
Uniform Law Conference of Canada, supra note 73 at 22.
161
Ibid.