Media
The Franchise Law Minefield
Lexpert US/Canada Cross-Border Guide, June 10, 2016Online
URL: https://www.osler.com/en/about-us/press-room/2016/the-franchise-law-minefield-lexpert
In an depth article featured in the recent Lexpert US/Canada Cross-Border Guide, journalist Julius Melnitzer examines the current state of the Canadian franchise industry and the complex legal issues it faces.
The Future of Franchising in Canada
Lexpert Magazine, April 18, 2016Online
URL: http://www.lexpert.ca/article/the-future-of-franchising-in-canada/
Lingering uncertainty surrounding legislation and case law has made it increasingly challenging and costly for franchisors to comply with governing legislation in Canada.
Relief for Franchisors
Lexpert Magazine, June 23, 2015Online
URL: http://www.lexpert.ca/article/relief-for-franchisors
The good news for franchsors is that the government listened to the industry and revised the wording of the Act, which was overwhelmingly approved May 26 and is set to come into effect January 2017.
Quebec ruling on Dunkin' Donuts case clarifies obligations of franchise owners
The Globe and Mail, June 29, 2015Online
The crumbling of the Dunkins empire in Quebec at the hands of Tim Hortons is a cautionary tale about the potential pitfalls of the franchisee-franchisor relationship
Jennifer has written over 30 articles in a regular online Franchise Focus column for the FP Entrepreneur in the National Post.
Financial PostOnline
URL: http://business.financialpost.com/author/fpjenniferdolman/
Jennifer Dolman is a litigation partner with Osler, Hoskin & Harcourt LLP in Toronto. A frequent speaker and writer on franchise law, Jennifer has particular expertise representing franchisors on franchise disputes.
Joint-employer’ status could rattle franchise industry: 'It will be a game-changer'
Financial Post, June 14, 2016Online
URL: https://www.osler.com/en/about-us/press-room/2016/-joint-employer-status-could-rattle-franchise-ind
According to an article by Julius Melnitzer in the Financial Post, a new concept called “joint employer status” could have a significant impact on the Canadian franchise industry. The notion of joint employer status is supported by unions and other employee advocates who maintain that franchisees and franchisors have such a close relationship that they should be deemed to be “joint employers” of a franchisee’s employees.
Complexity of Tim Hortons class action motion was ‘off the charts’
Canadian Lawyer Magazine, February 11, 2014Online
Tim Hortons has been awarded $1.8 million in costs in a franchise class action certification and summary judgment motion dismissed in 2012.
Canada still scores as franchise destination
Canadian Lawyer InHouse Magazine, October 31, 2016Online
URL: http://www.canadianlawyermag.com/6213/Canada-still-scores-as-franchise-destination.html
A recent article in Canadian Lawyer InHouse discusses some of the legislative and regulatory limitations and inconsistencies that currently exist in the Canadian franchise landscape and how those challenges are affecting the franchising of U.S. brands in Canada.
A Major Evolution in Class Action Litigation
Lexpert Magazine, December 2, 2013Online
URL: http://www.lexpert.ca/article/a-major-evolution-in-class-action-litigation/?p=29%7C66&sitecode=lex
Securities class actions, which often have cross-border elements, are facing threats on a number of fronts in Canada.
Who's Who Legal Franchise 2016 Roundtable (Co-author)
Published by Who’s Who Legal
November 1, 2016
Who’s Who Legal brings together Lee Plave of Plave Koch, Penny Ward of Baker & McKenzie and Jennifer Dolman of Osler, Hoskin & Harcourt to discuss issues facing franchise lawyers and their clients today.
URL: http://whoswholegal.com/news/features/article/33495/franchise-2016-roundtable/
Using Negotiation and Mediation to Resolve International Franchise Disputes
Published by International Journal of Franchising Law (Co-author)
January 1, 2013
This article discusses the use and effectiveness of forms of non-binding dispute resolution to resolve problems that arise in international franchise relationships. It addresses the methods and structures for drafting provisions in international franchise agreements, procedures and techniques for conducting non-binding dispute resolution, and regional differences in contract provisions and procedures for conducting arbitration and mediation.
Québec Court of Appeal Upholds Finding of Franchisor’s Obligation to Maintain Brand Strength (Co-author)
Published by Osler Update
April 17, 2015
In a highly anticipated decision released on April 15, 2015, the Québec Court of Appeal upheld the findings of Justice Tingley of the Québec Superior Court that the Dunkin’ Donuts franchisor in Québec breached its franchise agreements with its Québec franchisees by failing to adequately support them in the face of the “Tim Hortons phenomenon” in that province.
Restrictive covenants cannot prevent franchisees from operating in areas where the franchisor has no intention of operating (Co-author)
Published by Osler Franchise Review
April 14, 2016
In MEDIchair LP v. DME Medequip Inc., 2016 ONCA 168, the Ontario Court of Appeal confirmed that a franchisor is not entitled to enforce a restrictive covenant where there is clear evidence it has no intention of operating within the protected geographic area.
Dunkin' Donuts decision has limited application outside Quebec (Co-author)
Published by Canadian Lawyer Magazine
May 4, 2015
On April 15, 2015, the Quebec Court of Appeal released its highly anticipated decision in Bertico Inc. v. Dunkin’ Brands Canada Ltd., a group action brought against Dunkin’ Donuts by 21 of its franchisees in Quebec.
Court of Appeal dismisses Pet Valu franchisee class action and clarifies scope of duty of fair dealing (Co-author)
Published by Osler Update
January 18, 2016
On January 14, 2016, the Ontario Court of Appeal overturned a judgment for the franchisee class in the Pet Valu franchise class action.
Best Practices for Enforcing Non-Competes and Other Restrictive Covenants (Co-author)
Published by Advocate’s Quarterly
February 2, 2015
Restrictive covenants are a routine component of most franchise agreements. These provisions frequently prohibit the franchisee (and the franchisee owner) from operating a competing business during the currency of the relationship and for a specified period of time thereafter, usually within a certain radius of the franchised premises and sometimes within the territory of other franchisees in the network.
URL: https://www.mccarthy.ca/pubs/Governing_principles_and_recent_trends_in_the_enforcement.pdf
Best practices: Including mediation and arbitration clauses in franchise agreements (Co-author)
Published by Osler Franchise Review
April 14, 2016
Mediation offers particular advantages for disputes between franchisors and existing franchisees where there is a mutual interest in preserving an ongoing franchise relationship.
Biography
Jennifer Dolman's litigation practice focuses on disputes involving franchising and other commercial matters, employment, defamation, intellectual property and privacy. She has particular expertise in injunctions and emergency applications. She has represented companies in a broad range of industries including some of the world’s best known brands. Prior to joining Osler in 1992, she clerked for the Chief Justice of the Ontario Court. Dolman has written over 30 articles in a regular online Franchise Focus column for the FP Entrepreneur in the National Post.
Recognition/Reconnaissance
Recognized as a leading franchise lawyer in: | Professional
Best Lawyers in Canada (2008-2017) The Canadian Legal Lexpert Directory (2011-2017) Chambers Canada: Canada's Leading Lawyers for Business (2016-2017) Who's Who Legal Canada (2015) Who's Who Legal: Franchise (2015) Franchise Times Legal Eagle (2011-2014) Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada (2013-2014)
Additional Titles and Affiliations
Ontario Bar Association (current Chair of Franchise Law Section)
Havergal College Board of Governors
Intellectual Property Institute of Canada
International Franchise Association
Canadian Franchise Association
Advocates’ Society
American Bar Association (including Franchise Law Journal Editorial Board)
Past Talks
The Great Renewal Debate (Speaker)
Ontario Bar Association Franchise Law Section
[/types], April 6, 2016
Providing Effective Field Support Without Crossing the Joint Employer Line (Roundtable Facilitator)
International Franchise Association Legal Symposium
[/types], May 16, 2016
Social Media and Crisis Management (Speaker)
Canadian Restaurant Investment Summit
[/types], March 2, 2016
Post-Sale Duty to Disclose: Does it Exist
Canadian Franchise Association Law Day
[/types], January 30, 2014
One Hundred Days to Trial or Final Arbitration Hearing (Speaker)
37th American Bar Association Forum on Franchising
[/types], October 15, 2014
Duties of Good Faith: Recent Developments in the Law and Practical Implications
Lexpert Professional Development
[/types], June 9, 2016
Best Practices for Enforcing Non-Competes and Other Restrictive Covenants (Speaker)
Ontario Bar Association’s 14th Annual Franchise Law Conference
[/types], November 18, 2014
BC’s New Franchises Act (Speaker)
The Continuing Legal Education Society
[/types], December 5, 2016
16th Annual Franchise Law Conference (Speaker)
The Role of Equity in Franchise Law
[/types], November 17, 2016