As reported in CFA's Advocacy Alert of October 4, 2016, the recent Ontario Superior Court decision in Raibex v ASWR Franchising Corp. has created significant concerns within the franchising industry. Some commentators have expressed concerns that the decision is contrary to longstanding site selection and leasing practices of many franchisors and franchisees and creates uncertainty as to when disclosure may be given and franchise agreements can be signed.

In light of the importance of the issues raised by the decision for the franchising industry, CFA has decided to seek intervener status in the appeal. CFA's motion for leave to intervene will be heard by the Ontario Court of Appeal on January 26, 2017.

If granted intervener status, CFA would take no position on the outcome of the appeal and cross-appeal, as it is concerned only with the impact to franchising overall and does not seek to become involved on behalf of either the franchisor or franchisee.

Members will be kept informed of key developments.