Damage Quantification and Business Valuation in the Franchise Industry

Franchising is one of the most common forms of business in Canada. There are currently 75,000 franchised businesses operating in a variety of sectors, and the Canadian Franchise Association lists franchises in over 40 different industries.

In this presentation, Ephraim Stulberg, CPA, CA, CBV, CFF (partner, Matson, Driscoll and Damico) will discuss some of the aspects that make quantifying damages or business value involving either franchisors or franchisees unique. Some of these factors are a function of specific statutes that exist in many provinces; others are driven by the content of the franchise agreement.

The presentation will begin with a brief overview of the franchising business model: what is a franchise, and what are some of the common characteristics of franchise agreements and the franchisor-franchisee relationship that make this model different from other forms of business. It will go on to cover the following topics:

  1. Statutory Rescission Claims under provincial franchise disclosure legislation
  2. Business Interruption Damages
  3. Franchise Agreement Disputes
  4. Shareholder Disputes
  5. Expropriation

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