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Canada Update: New Brunswick Passes Franchises Act; Is Manitoba Soon to Follow?
On June 26, 2007, the long-awaited New Brunswick Franchises Act (Bill 32) received Royal Assent in the legislature. This law is now on the books, but it is not yet in force. That will happen when the Act is 'proclaimed.' Proclamation is expected following the promulgation and finalization of disclosure regulations, and is commonly done in stages: An example is Ontario's law, proclaimed in force on July 1, 2000, with the exception of the disclosure provisions, which came into force on Jan. 1, 2001.
New Brunswick now joins Alberta (Franchises Act. R.S.A. 2000. c. F-23), Ontario (Arthur Wishart Act [Franchise Disclosure], 2000 c.3), and Prince Edward Island ('PEI') (Franchises Act, S.P.E.I. 2005, c.36) in the growing number of Canada's provinces that have chosen legislative measures as a means to protect franchisees, primarily in the presale process, but also with a few relationship provisions inserted along the way.
The New Brunswick Act substantially mirrors the model Uniform Franchises Act ('UFA') adopted by the Uniform Law Conference of Canada in 2004. New Brunswick therefore follows the path of PEI, which was the first province to model its statute on the UFA. That said, the New Brunswick version is usefully contrasted with Ontario's Arthur Wishart Act (Franchise Disclosure), 2000, whose appearance preceded the development of the UFA. Of any of the provinces, most readers will likely be most familiar with the Ontario Act, because Ontario is the most populous and ' perhaps ' commercially sophisticated of the Canadian provinces.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.