Food and Beverage

No breaks in Europe for KitKat bars: Stripped of design protection

Europe’s highest court has invalidated trademark protection covering the shape of the KitKat bar, on the basis that it is not distinctive, in...

Federal and Ontario legislation regulating vaping products now in force

After years of existing in a regulatory grey area, vaping products are now legal and regulated, both at the federal level and in Ontario.

Tainted duty of care analysis infected listeria class action, Court of Appeal finds

A manufacturer’s breach of its duty to supply products of merchantable quality to consumers does not necessarily entitle third parties within...

First Nation denied injunction based on prejudice to corporate respondent

The Federal Court in ‘Namgis First Nation v. Canada (Fisheries, Oceans and Coast Guard) refused to grant the Namgis First Nation an interlocutory...

Government of Canada: Leave those kids alone

Franchisors in the food and restaurant industry should prepare for restrictions on their ability to advertise.

Estimating franchise start-up costs: A shared responsibility

In a recent decision, the Superior Court of Québec reiterated that the franchisor has an obligation to inform a prospective franchisee of start-up...

The rise and fall of the franchise class action

A recent settlement concludes yet another of the dwindling number of franchise class actions before the Canadian courts, highlighting the risks of...

Protecting against bad faith claims when terminating franchisees

The Alberta case of Seto v Wendy’s reminds franchisors that the courts may scrutinize the purpose of significant decisions affecting franchisees’...

Food’s up, are you ready? New Ontario menu labelling laws coming into force on January 1, 2017

The Healthy Menu Choices Act will require restaurant chains and other food service providers operating under the same name in Ontario to provide...

Electronic delivery of franchise disclosure documents coming to Ontario

The Ontario government has recently released an amended regulation that expressly allows franchisors to deliver their franchise disclosure documents...