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Franchise Litigation
Specialized business disputes require specialized experience. Franchise related litigation often involves specific legislation, as well as particular industry knowledge, that economic damages experts need to take into account when formulating their opinions.
As a leading forensic accounting firm, MDD has been involved in a wide variety of commercial disputes and is well qualified to provide independent and objective litigation support. We have prepared expert reports that have been used to help quantify statutory rescission claims, value individual franchise operations and calculate lost profits resulting from negligence, breach of contract and business interruption claims.
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Many of the firm’s highly trained and experienced professionals have provided expert testimony in court or at arbitration.
Our franchise litigation services include:
- Assisting counsel in identifying and assessing potential areas of economic loss
- Providing guidance as to which documents are necessary to support the damages being pursued
- Locating relevant industry statistics to support projections
- Examining business records to ensure that all areas of the damages are supported
- MDD is retained either as a consultant or expert witness
MDD Canada is proud to be an official member of the Canadian Franchise Association Franchise Support Service.
Experience
Experience
Contact one of our experts below or filter experience based on region.
ARTICLES
RELEVANT ARTICLES
Our experts are extremely knowledgeable about thier subject areas and often write educational material and commentary on topical issues they come across.
Valuing a Franchise System
Valuing a franchise system, or “franchisor”, is in many ways very similar to the valuation of any other type of business; it is a function of the forecasted levels of cash flows that the business will generate, and the risk...
Financial Statements, Disclosure and the Arthur Wishart Act
The topic of what types of financial statements must be included in a disclosure document in order to comply with the disclosure requirements of the Arthur Wishart Act (“AWA”) was discussed at a recent dinner put on by the OBA’s Franchise Law section....
Dunkin’ Donuts c. Bertico inc., Part II: Lost Profit & Loss of Business Value
Towards the end of its decision in Dunkin’ Brands Canada Ltd. c. Bertico inc.2015 QCCA 624, the Quebec Court of Appeal discussed the issue of whether an award for both a) lost profits up to 2005 and b) loss of business...
Dunkin’ Donuts c. Berticoinc, Part I: The Benchmark Approach to Lost Profits
In April 2015, the Quebec Court of Appeal released its decision in Dunkin’ Brands Canada Ltd. c. Bertico inc. 2015 QCCA 624. The Court of Appeal upheld the trial judge’s ruling (Bertico inc. c. Dunkin' Brands Canada Ltd., 2012 QCCS 2809) that...
Rescission under the Ontario Arthur Wishart Act: Quantifying the Remedy
It has now been thirteen years since the Ontario Arthur Wishart (Franchise Disclosure) Act, 2000, SO 2000 [1], was enacted. The Act, named after Arthur Wishart, a Conservative MPP who championed the rights of franchisees in the 1970's and 1980's,...
Proving Rescission Damages under the Provincial Franchise Acts
In October 2012, the Manitoba Franchise Act was proclaimed into law. The legislation, like its counterparts in several other provinces (including Ontario’s Arthur Wishart Act), provides franchisees with the right to rescind a franchise agreement within two years if a...
Clarifying Financial Remedies Under the Arthur Wishart Act
It is almost ten years since the Arthur Wishart (Franchise Disclosure) Act was introduced in Ontario. The Act seeks to protect often unsophisticated purchasers of franchise rights by requiring that certain disclosures be made to franchisees prior to entering into...
Backing out of a Franchise Just Got Easier
Section 6(6) of the Arthur Wishart Act gives franchisees the right to rescind their franchise agreements in the event that they do not receive a disclosure document. Ostensibly, the rescission remedy is designed to return the franchisee to the position...
Fight the Battle on Two Fronts – Liability and Damages
Plaintiff and Defense attorneys are guilty! Guilty of waiting until the last minute to address areas of damages. MDD is very often retained in litigation engagements when the measurement of damages takes a back seat to liability and causation. Although...
The Role of a Forensic Accountant as an Expert Consultant and an Expert Witness
For many years, attorneys on both sides of the courtroom have turned to forensic experts to support their position as well as to identify the potential strengths and weaknesses in the arguments of opposing counsel. Additionally, attorneys can use expert...
Financial Remedies Under the Arthur Wishart Act
It is almost ten years since the Arthur Wishart (Franchise Disclosure) Act was introduced in Ontario. The Act seeks to protect often unsophisticated purchasers of franchise rights by requiring that certain disclosures be made to franchisees prior to entering into...
