Jean H. Gagnon, Lawyer, Mediator, Trade Mark Agent

Editor-in-Chief

Federated Press Contributions

Editor-in-Chief, Franchise and Distribution (FD) 1994–
"Some Points to Consider When Drafting a Personal Guarantee to be Construed Under Quebec Laws" (1994) 1 FD 3
"Some Tips on How to Deal Effectively With an Aggressive Franchisees' Association" (1995) 1 FD 38
"The Contract of Adhesion Rules Impact Franchise Agreements in Quebec" (1995) 1 FD 65
"Competitive Activities by a Franchisor May Constitute ‘Abuse of Right' Under Quebec Civil Law" (1995) 2 FD 90
"Mediation Can Be an Efficient Dispute Resolution Technique" (1996) 2 FD 134
"Taking Security on Franchisees Assets in Quebec as a Means of Improving the Enforcement of Francisors' Rights" (1996) 3 FD 182
"Under the New Civil Code of Quebec, Is it Still Possible to Draft an Enforceable Non-Competition Covenant?" (1997) 3 FD 245
"Some Ways to Combine Two or Several Franchise Systems in a Single Location" (1997) 4 FD 278
"The Provigo Case: A Recent Quebec  Landmark Decision  on Franchisors' Obligations and Duties" (1998) 4 FD 318
"When Do "Pro Forma" Statements Constitute Fasle Representations? Three Recent Quebec Court Judgments Help Us Define Some Criteria (1999) 5 FD 398
"The Opportunities Offered by the Internet May Soon Pose Critical Challenges to Franchise Systems and Distribution Networks" (1999) 5 FD 414
"A Lack of Preparation at the Time of the Termination of a Franchise Agreement Can Be Very Costly" (1999) 6 FD 471
"Suggested Steps for the Termination of a Franchise Agreement: A Checklist" (2000) 7 FD 514

Biography

Born 25 May 1951
Educated University of Montreal LL.L. 1972; Harvard University complementary studies in negotiation, domestic and international franchising, mediation and alternative dispute resolution and business management 1987, 1991
Partner and Head of Franchising and Intellectual Property Group and of Shareholders' and Partners' Relationship and Disputes Group, PouliotMercure 1989–
Called to the Bar of Quebec 1974
Chairman, National Council on Franchising and Affiliated Business
Past President, Small- and Medium-Sized Businesses Committee, Montreal Board of Trade
Past President and Governor, Montreal Junior Board of Trade
Co-Founder, Quebec Franchisors' Association
Director, Quebec Franchise Association
Member, Canadian Franchise Association, International Franchise Association, Patent and Trademark Institute of Canada
Author, 16 books on franchising and legal aspects of business management, 1 booklet and 3 seminars by the Ministère de l'Industrie et du Commerce; regular contributor to Les Affaires
Lecturer, negotiation, franchising, licensing, distribution, intellectual property, relations between businesses and relations between shareholders and partners within businesses

Practice Description

Mr. Gagnon's practice covers various aspects of business law. He acts as advisor to entrepreneurs and business managers, as negotiator or mediator for commercial transactions and disputes. He also designs, drafts, negotiates, and prepares business agreements, on a national and international basis. His main areas of practice are franchising, distribution, unfair competition, intellectual property and partners and shareholders relations and disputes.

Address

PouliotMercure
31st Floor, CIBC Tower
1155 René-Lévesque Boulevard West
Montreal, Quebec  H3B 3S6
Telephone: (514) 871-5475
Telecopier: (514) 875-4308
E-mail: jhgagnon@pouliotmercure.com
Web: www.pouliotmercure.com

Entry updated August 2000

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