Ned is one of Canada's leading authorities in franchising and distribution law. He has represented some of the world's foremost franchises, and provides legal services to Canadian and International clients on all aspects of Canadian franchise law. Additionally, from 2000-2007, he was General Counsel to the Canadian Franchise Association and is currently a member of the International Committee of the International Franchise Association.
He is a prolific writer, having published numerous books, papers and articles on franchise and distribution law, including Canadian Franchise Legislation (2001, LexisNexis/Butterworths). He has contributed articles to numerous business and Industry publications, Including Canadian Business Magazine, The Franchise Voice, the ABA's Franchise Law Journal, the IBA's Journal of Franchising and Distribution Law, Ontario Restaurant News, the IFA's Franchising World and The Bottom Line.
Ned is also a noted lecturer, and has spoken on franchising and distribution matters at programs conducted by such organizations as the Canadian Franchise Association, the Canadian Bar Association, the American Bar Association, the International Franchise Association, the Schulich School of Business, the Ministry of Industry Trade and Technology, the University of Guelph, the University of Toronto, McGill University, the Retail Council of Canada, the International Union of Lawyers, Insight Seminars, the New York Bar Association, the Pennsylvania Bar Institute and the Canadian Institute.
He is often quoted in the media and has appeared on several television programs Including CTV's W5, CBC's Venture, CHCH TV's Let's Talk ... Franchising, Channel 47's Business Insight, and Report on Business TV.
Education & Credentials
Education
York University
B.A., 1970Osgoode Hall Law School
J.D., 1973Called to the Bar of Ontario
1975Certified Franchise Executive
2010Acknowledgements
- Chambers Canada Guide
- Franchising - Nationwide, 2024-2025
- "Senior Statesman," Franchising
- Who's Who Legal: The International Who's Who of Business Lawyers
- Franchise Law, 2022-2024
- Who's Who Legal Franchising Guide
- Franchising, 2023
- The Best Lawyers in Canada®
- Franchise Law, 2021-2025
- The Canadian Legal Lexpert Directory
- Franchise Law
- Martindale-Hubbell® Bar Register of Preeminent® Lawyers Rating
- Franchise Times
- " Legal Eagles," Top 100 Franchise Lawyers in North America
- Canadian Franchise Association
- Lifetime Achievement Award, 2010
- Franchise Support Services Recognition Award, 2005
- Special Recognition Award, 1993 and 2007
Prominent Assignments
- Represented a Quebec-based franchise in its expansion outside of Quebec.
- Served as franchise and corporate counsel for a British Columbia-based franchise system with approximately 100 franchised outlets of pizza restaurants.
- Served as counsel for a mobile power washing company that services for residential and commercial properties, pools, construction equipment, parking garages, and more, and has over 20 franchisees operating across Canada.
- Retained by an international franchisor, confectionery manufacturer, and retail operator to act as Canadian franchise counsel for the company as they continue to expand into Canada.
- Retained to perform pro bono work for an organization dedicated to raising awareness of and funding research for a common inherited form of mental impairment.
- Served as counsel to the franchising arm of a U.S.-based salon suite company. Salon suites, which are essentially mini salons in a large commercial co-working space, are one of the salon industry’s fastest growing segments. Counsel assisted the company as they expand in the Canadian market.
- Assisted a craft beer marketing company with a breach of confidence and fiduciary duty claim.
- Supported a company that specializes in the fabrication and installation of balconies to help them expand their global business by providing legal assistance in numerous subject areas, including corporate, tax, construction, and licensing of their extensive IP assets including trademarks and patents.
- Represented a mobile shaved ice company and assisting in renegotiating their license agreement with their franchisor.
- Served as counsel to a franchise system, to “professionalize” the company and assist them in growing safely & profitably in the future.
Professional Involvement
- American Bar Association
- Forum on Franchising
- Canadian Franchise Association
- International Bar Association
- International Franchise Association
Community Involvement
- Former Member, Board of Directors of Parachute, a national charity dedicated to preventing Injuries and saving lives by helping Canadians to see and manage the risks In their lives.
- Active In the bereavement community since 1996, providing support, workshops and leadership to organizations such as Bereaved Families of Ontario and Bereaved Jewish Families of Ontario.
Publications/Presentations
- Co-Author, "Options for Growing a Franchise System,” Canadian Franchising Magazine, April 2023
- Interviewed, "Why Companies Are Still Doing Business in Russia," NHK Japan, April 2022
- Moderator, "Avoiding Mistakes in International Expansion," International Franchise Association Annual Convention, February 2022
- Presenter, “Know Your Rights & Obligations Franchise Agreements & Disclosure Documents,” Virtual Franchise Canada Show National, June 2021
- Author, “Multi-Unit: The Death of Master Franchising?,” Global Franchise Magazine’s Multi-Unit Franchising Report, April 2021
- Speaker, “Virtual Franchise Canada Show Toronto,” Canada Franchise Association, January 2021
- Author, "Purchasing a Franchise," Franchise Canada Online, June 2020
- Co-Author, "Canada: The Franchise Gateway to North America," Global Franchise Magazine, March 2020
- Author, "Franchising in Canada: 2020 and Beyond," Canadian Franchise Magazine, March 2020
- Author, "Are Canadian Franchisors Ready to Go International?" Global Franchise Magazine
- Contributor, "Franchise M&A," Getting the Deal Through – Franchise 2019, July 2018
- Author, "Succeeding as a Franchisor," The FranchiseVoice Magazine.
- Co-Author, "Have Multi-Unit and Multi-Brand Franchisees Set a New Standard for Franchisors?," International Franchise Association 51st Annual Legal Symposium, May 6-8, 2018
- Author, "Canada: The Gateway to Franchising in North America," Global Franchise, April 26, 2018
- "Setting Fees In International Franchise Agreements," Presented at International Franchise Association Annual Convention, February 21, 2016
- "Due Diligence in Franchise System Acquisitions," Presented at 2016 CFA Franchise Law Day, January 28, 2016
- "Drafting and Negotiating an International Franchise Agreement," Franchising World, June 2015
- "Talk to a Franchise Lawyer Before Going Global," The Lawyers Weekly, July 17, 2015
- Featured,"Duty of Good Faith and Fair Dealing," The Franchise Valuations Reporter, June 2015 ("Good Faith in Franchising," Lexpert Conference on Implied Obligation of Good Faith, June 2, 2015)
- "An Impolite Border Crossing: Franchise Law in Canada," Corporate Counsel, February 2015
- "Why Franchise Your Business?," Presented in "How to Franchise Your Business" Seminar hosted by the Canadian Franchise Association, February 2015
- "So You Want to Franchise Your Business," Webinar, Welch LLP and Dickinson Wright, May 2014
- "Buying Into the American Dream," Ontario Restaurant News, October 2013
- "Franchise Law in Canada: Where We Are and Where We Are Headed," Who's Who Legal: Canada, 2013
- "What Should I Look For When Evaluating A Master Franchise Or Area Development Opportunity?," Franchise Canada Magazine, November-December 2013
- "The Devil is in the Details: How Canadian and U.S. Franchise Legislation Differs," Franchise Law Journal, Volume 32, Number 4, Spring 2013 (Co-authored with George J. Eydt of Hodgson Russ LLP)
- "Taking Your Franchise to Canada," November 2012
- "Franchising and Restaurants: Reputation Management in an Electronic Fish Bowl!," Ontario Restaurant News, October 2012
- "Business Franchise Guide - Explanations, Laws, Cases, Rulings, New Developments, The Second Battle of the Canadian Donut Wars - Bertico v. Dunkin' Donuts: Lessons Learned About Franchisors' Duties, Lost Profits Calculations and the Credibility of Expert Testimony," CCH Business Franchise Guide, September 24, 2012
- "Canada's Tim Hortons Case: Lessons Learned About Franchisors' Rights, Class Action Certification and Rules of Expert Testimony," CCH Business Franchise Guide, June 22, 2012
- "Valuations in Franchising," 2012 (Co-authored with Bruce S. Schaeffer of Franchise Valuations Limited)
- "Rise of Franchise Law Creates Challenges and Opportunities," The Lawyers Weekly, January 28, 2011
- "The Impossible Dream: Controlling Your International Franchise System," American Bar Association 33rd Annual Forum on Franchising, San Diego, California October 13-15, 2010 (with Kendal H Tyre and Penny Ward)
- "The Inadvertent Franchise," 26th Annual IBA/IFA Joint Conference," Managing Risks In International Franchising," May 18-19, 2010 (Co-authored with Albrecht Schulz of TIGGES Rechsanwalte)
- "What the Hell Happened? When Franchisee Discontent Morphs Into Litigation," 2010 Canadian Franchise Association National Convention, May 2-4, 2010
- "The Bankrupt Franchisee -What Every Franchisor Needs to Know!," May 2010
- "What Does the Franchise Agreement Reveal About the Franchisor?," Franchise Canada, November/December 2009 and Canadian Opportunities, December 2009
- "Amended U.S. Franchise Rule Breaks Down Barriers to Entering U.S. Market," February 1, 2008 {Co-authored with Carl Zwisler of Gray Plant Mooty)
- "Expanding Your Franchise System," October 2003 (Co-authored with Jean H. Gagnon)
- "Implementing Change in Franchised Restaurant Systems"
- "The Hidden Realities In Franchise Financing"
- "Franchising and Restaurants: What Lies Ahead? "
- "Franchise Disclosure: Traps & Tips"
- "Buying a Franchise: New Systems vs. Mature Systems"