Malcolm regularly acts for franchisors and franchisees in franchise disputes. This includes advising clients on termination of franchise agreements, enforcement of restrictive covenants, rescission claims and claims under the Franchises Act. In addition, franchises commonly have other ancillary agreements, such as commercial leases and supply contracts. Malcolm’s broad litigation background assists franchisors and franchisees navigate these types of agreements.
In addition to franchise matters, he carries on a general litigation practice as a founding partner of Bojm, Funt & Gibbons LLP, with a particular interest in appeals, contract and partnership disputes, real estate litigation, class action defence and environmental contaminated sites litigation. In addition, Malcolm has acted on a number of cases involving claims of fraud and breach of fiduciary duties.
Malcolm has been counsel on eight trials, spanning over 130 trial days in the BC Supreme Court and has been counsel on numerous appeals at the BC Court of Appeal. Malcolm also has extensive experience negotiating out of court settlement agreements through mediation.
Malcolm is an adjunct professor at the UBC Faculty of Law where he teaches Topics in Private Law: Advanced Contract Law (Law432) to upper-year students.
*Practicing through the Malcolm B. Funt Law Corporation