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Jennifer  Dolman  - Osler, Hoskin & Harcourt LLP. Toronto , ON, CA

Jennifer Dolman Jennifer  Dolman

Partner, Litigation | Osler, Hoskin & Harcourt LLP

Toronto , ON, CANADA

Commercial litigator with deep expertise in advising Canadian and international franchisors with all manner of business disputes.

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Biography

Jennifer’s litigation practice focuses on disputes involving franchising and other commercial matters, employment, defamation, intellectual property and privacy. Jennifer has particular expertise in injunctions and emergency applications. She has represented companies in a broad range of industries including some of the world’s best known brands. Prior to joining Osler in 1992, she clerked for the Chief Justice of the Ontario Court.

Jennifer has written over 30 articles in a regular online Franchise Focus column for the FP Entrepreneur in the National Post.

Industry Expertise (1)

Legal Services

Areas of Expertise (9)

Class Actions Defamation Law Franchise Law Employment & Labour Law Hospitality and Leisure Intellectual Property Internet Privacy and Data Management Retail

Accomplishments (1)

Recognized as a leading franchise lawyer in: (professional)

Best Lawyers in Canada (2008-2017)
The Canadian Legal Lexpert Directory (2011-2017)
Chambers Canada: Canada's Leading Lawyers for Business (2016-2017)
Who's Who Legal Canada (2015)
Who's Who Legal: Franchise (2015)
Franchise Times Legal Eagle (2011-2014)
Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada (2013-2014)

Education (2)

McGill University: LL.B 1989

University of Toronto: B.A. 1986

Affiliations (7)

  • American Bar Association (including Franchise Law Journal Editorial Board)
  • Advocates’ Society
  • Canadian Franchise Association
  • Ontario Bar Association (current Chair of Franchise Law Section)
  • Intellectual Property Institute of Canada
  • International Franchise Association
  • Havergal College Board of Governors

Languages (1)

  • English

Media Appearances (9)

Jennifer has written over 30 articles in a regular online Franchise Focus column for the FP Entrepreneur in the National Post.

Financial Post  online

Jennifer Dolman is a litigation partner with Osler, Hoskin & Harcourt LLP in Toronto. A frequent speaker and writer on franchise law, Jennifer has particular expertise representing franchisors on franchise disputes.

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Canada still scores as franchise destination

Canadian Lawyer InHouse Magazine  online

2016-10-31

A recent article in Canadian Lawyer InHouse discusses some of the legislative and regulatory limitations and inconsistencies that currently exist in the Canadian franchise landscape and how those challenges are affecting the franchising of U.S. brands in Canada.

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‘Joint-employer’ status could rattle franchise industry: 'It will be a game-changer'

Financial Post  online

2016-06-14

According to an article by Julius Melnitzer in the Financial Post, a new concept called “joint employer status” could have a significant impact on the Canadian franchise industry. The notion of joint employer status is supported by unions and other employee advocates who maintain that franchisees and franchisors have such a close relationship that they should be deemed to be “joint employers” of a franchisee’s employees.

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The Franchise Law Minefield

Lexpert US/Canada Cross-Border Guide  online

2016-06-10

In an depth article featured in the recent Lexpert US/Canada Cross-Border Guide, journalist Julius Melnitzer examines the current state of the Canadian franchise industry and the complex legal issues it faces.

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The Future of Franchising in Canada

Lexpert Magazine  online

2016-04-18

Lingering uncertainty surrounding legislation and case law has made it increasingly challenging and costly for franchisors to comply with governing legislation in Canada.

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Quebec ruling on Dunkin' Donuts case clarifies obligations of franchise owners

The Globe and Mail  online

2015-06-29

The crumbling of the Dunkins empire in Quebec at the hands of Tim Hortons is a cautionary tale about the potential pitfalls of the franchisee-franchisor relationship

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Relief for Franchisors

Lexpert Magazine  online

2015-06-23

The good news for franchsors is that the government listened to the industry and revised the wording of the Act, which was overwhelmingly approved May 26 and is set to come into effect January 2017.

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Complexity of Tim Hortons class action motion was ‘off the charts’

Canadian Lawyer Magazine  online

2014-02-11

Tim Hortons has been awarded $1.8 million in costs in a franchise class action certification and summary judgment motion dismissed in 2012.

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A Major Evolution in Class Action Litigation

Lexpert Magazine  online

2013-12-02

Securities class actions, which often have cross-border elements, are facing threats on a number of fronts in Canada.

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Event Appearances (9)

BC’s New Franchises Act (Speaker)

The Continuing Legal Education Society  

2016-12-05

16th Annual Franchise Law Conference (Speaker)

The Role of Equity in Franchise Law  

2016-11-17

Duties of Good Faith: Recent Developments in the Law and Practical Implications

Lexpert Professional Development  

2016-06-09

Providing Effective Field Support Without Crossing the Joint Employer Line (Roundtable Facilitator)

International Franchise Association Legal Symposium  

2016-05-16

The Great Renewal Debate (Speaker)

Ontario Bar Association Franchise Law Section  

2016-04-06

Social Media and Crisis Management (Speaker)

Canadian Restaurant Investment Summit  

2016-03-02

Best Practices for Enforcing Non-Competes and Other Restrictive Covenants (Speaker)

Ontario Bar Association’s 14th Annual Franchise Law Conference  

2014-11-18

One Hundred Days to Trial or Final Arbitration Hearing (Speaker)

37th American Bar Association Forum on Franchising  

2014-10-15

Post-Sale Duty to Disclose: Does it Exist

Canadian Franchise Association Law Day  

2014-01-30

Articles (8)

Who's Who Legal Franchise 2016 Roundtable (Co-author) Who’s Who Legal

2016-11-01

Who’s Who Legal brings together Lee Plave of Plave Koch, Penny Ward of Baker & McKenzie and Jennifer Dolman of Osler, Hoskin & Harcourt to discuss issues facing franchise lawyers and their clients today.

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Best practices: Including mediation and arbitration clauses in franchise agreements (Co-author) Osler Franchise Review

2016-04-14

Mediation offers particular advantages for disputes between franchisors and existing franchisees where there is a mutual interest in preserving an ongoing franchise relationship.

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Restrictive covenants cannot prevent franchisees from operating in areas where the franchisor has no intention of operating (Co-author) Osler Franchise Review

2016-04-14

In MEDIchair LP v. DME Medequip Inc., 2016 ONCA 168, the Ontario Court of Appeal confirmed that a franchisor is not entitled to enforce a restrictive covenant where there is clear evidence it has no intention of operating within the protected geographic area.

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Court of Appeal dismisses Pet Valu franchisee class action and clarifies scope of duty of fair dealing (Co-author) Osler Update

2016-01-18

On January 14, 2016, the Ontario Court of Appeal overturned a judgment for the franchisee class in the Pet Valu franchise class action.

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Dunkin' Donuts decision has limited application outside Quebec (Co-author) Canadian Lawyer Magazine

2015-05-04

On April 15, 2015, the Quebec Court of Appeal released its highly anticipated decision in Bertico Inc. v. Dunkin’ Brands Canada Ltd., a group action brought against Dunkin’ Donuts by 21 of its franchisees in Quebec.

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Best Practices for Enforcing Non-Competes and Other Restrictive Covenants (Co-author) Advocate’s Quarterly

2015-02-02

Restrictive covenants are a routine component of most franchise agreements. These provisions frequently prohibit the franchisee (and the franchisee owner) from operating a competing business during the currency of the relationship and for a specified period of time thereafter, usually within a certain radius of the franchised premises and sometimes within the territory of other franchisees in
the network.

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Québec Court of Appeal Upholds Finding of Franchisor’s Obligation to Maintain Brand Strength (Co-author) Osler Update

2015-04-17

In a highly anticipated decision released on April 15, 2015, the Québec Court of Appeal upheld the findings of Justice Tingley of the Québec Superior Court that the Dunkin’ Donuts franchisor in Québec breached its franchise agreements with its Québec franchisees by failing to adequately support them in the face of the “Tim Hortons phenomenon” in that province.

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Using Negotiation and Mediation to Resolve International Franchise Disputes International Journal of Franchising Law (Co-author)

2013-01-01

This article discusses the use and effectiveness of forms of non-binding dispute resolution to resolve problems that arise in international franchise relationships. It addresses the methods and structures for drafting provisions in international franchise agreements, procedures and techniques for conducting non-binding dispute resolution, and regional differences in contract provisions and procedures for conducting arbitration and mediation.

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