Franchise Practice

Your Benefits

At Embarq Law, we understand franchising as a business as much as we understand franchising as a specialized legal area. Take advantage of over 35 years of legal experience in franchise law and our practical, businesslike approach to franchising. Tony, Marta and Malcolm regularly act for some of Canada’s most successful franchisors, area developers and regional master franchisees. Our clients come from a broad spectrum of industries, including the hotel and food service industries.

Areas of Expertise


The myriad of business and legal issues pose a substantial challenge for prospective franchisors wishing to start or expand a franchise in Canada. To build a successful franchise system, we can assist you with:

  • finding the ideal corporate structure for your franchise;
  • preparing all franchise and related agreements for use with franchisees, as well as all Franchise Disclosure Documents (FDDs) and Statements of Material Change (SMC) documents required by Canadian law; and
  • assisting with the registration and protection of your trademarks and other intellectual property.


For prospective franchisees, a lot is at stake when the decision is made to buy into a franchise system. To successfully navigate your journey through this process, we can assist you with:

  • negotiating key elements of the franchise agreement;
  • advising on critical issues such as personal guarantees, currency and supply issues; and
  • guiding you through all steps of the process in order for you to secure the best deal possible.


We know what the key issues are because we draft unit, area, and master franchise agreements for our franchisor clients. We know what is standard and what is not.

Whether you are a startup franchisor, an established franchisor, a U.S. based franchisor expanding into Canada or a prospective franchisee seeking to utilize a franchisor’s brand and business system, you can expect practical legal advice that comes from years of experience in this area.