Blair Rebane  

Partner

Executive Summary

Blair Rebane is National Leader of our Franchise and Distribution Group as well as Regional Leader of our Automotive Group. Based in Vancouver, Blair has extensive experience with advising franchisors in all types of franchise matters, and also practises in the area of contract law, with an emphasis on landlord/tenant matters, construction disputes and creditors’ remedies. His clients include a number of Canada’s largest franchisors, manufacturers, landlords and those involved at all levels of the construction industry. He has appeared before the Supreme Court of British Columbia, Court of Appeal and Federal Court of Canada on franchise, construction and landlord/tenant matters.

In addition to maintaining his practice, Blair has taught, published and presented extensively on franchise law. From 1999 to 2011, he was an Adjunct Professor at the University of British Columbia Faculty of Law, and publications and organizations he has published in or spoken at include the Globe & Mail, Construction Business (BC & Alberta’s Construction Magazine), Business in Vancouver, The Franchise Voice, Western Investor, Franchise Canada, Canadian Business Franchise Directory, BeTheBoss.ca, the Canadian Franchise Association, the Canadian Bar Association (CBA), the Continuing Legal Education Society of British Columbia (CLE BC), and The International Council of Shopping Centers (ICSC).

Representative Work

  • Negotiated, prepared and structured a vast number of franchise and distribution arrangements such as master franchises, unit franchises, area development agreements, dealerships, distribution agreements and sales agencies for a large variety of businesses including hotels, restaurants, automotive dealerships, car and truck accessories, home services, liquor distribution, health care, appliance and outdoor living, sporting goods and child care.
  • Assisted clients with enforcement and termination of all types of franchise and distribution agreements, including obtaining injunctive relief to enforce the terms of franchise and distribution agreements.
  • Acted for clients to recover monies due under franchise, distribution and lease agreements.
  • Acted for clients to enforce non-competition covenants and trademark rights.
  • Acted for clients to obtain evictions of tenants and enforce rights under leases.
  • Acted for clients with respect to disputes involving the calculation of operating costs, assignment rights, repair obligations and numerous other issues under commercial lease disputes.
  • Acted for clients to enforce builders’ lien claims by contractors, subcontractors and material suppliers.
  • Acted for clients to recover monies owing to construction sureties under indemnity agreements.
  • Acted for clients to obtain recovery for contractors on delay claims.

Publications & Presentations

  • Co-Author, "High Price of Entry: A Cautionary Tale for Landlords Faced With a Tenant's Repudiation of a Lease," ICIS Shopping Centre Law & Strategy, Fall 2017
  • Co-Author, "Legal Digest: British Columbia Court Enforces Termination and Release Agreement, Rejects Defences of Duress, Unconscionability," The Franchise Voice, Spring 2017.
  • Co-Author, "Mandatory Disclosure of B.C.'s New Franchises Act in Step with Most Provinces," The Lawyers's Daily, March 15, 2017.
  • Quoted, "Ask the Experts: Atypical Provisions in Franchise Agreements," Canadian Business Franchise, September 2, 2016.
  • Co-Author, "Legal Digest: Whose Business is it Anyway?: Enforcing Non-competition Covenants Against Franchisees and Third Parties," The Franchise Voice, Summer 2016.
  • Co-Author, "British Columbia Becomes the Sixth Province in Canada to Introduce Franchise Legislation," BLG Publication, August 2016.
  • Co-Author, "The Devil is in the Details, Disclosure of Site-Specific Information to Prospective Franchiees," The Franchise Voice, Fall 2015
  • Presenter, Facilitator and Speaker, Canadian Franchise Association Annual Conventions, Trade Shows and Webinars, 2002-2015
  • Co-Author, "Arbitration of Franchise Disputes," Commercial Litigation and Arbitration Review, LexisNexis, February 2015
  • Co-Author, “Calculating Additional Rent by Reference to Proportional Share: A Potential Minefield for the Unwary”, ICSC Shopping Center Legal Update, November 2014
  • Author, “National Accounts”, betheboss.ca, December 2013
  • Author, “When One is Not Enough — Development Arrangements in Franchising”, betheboss.ca, December 2013
  • Co-Author, “The Differences Between Pay-When-Paid or Pay-if-Paid”, Journal of Commerce, November 25, 2013
  • Author, “Rent Distress: A Trap for Unwary Landlords”, ICSC Shopping Center Legal Update, November 2013
  • Co-Author, “New British Columbia Limitation Act Impacts Franchises”, The Franchise Voice, Summer 2013
  • Author, “Getting Paid,” On-Site, Canada’s Construction Magazine, December 2012 (with Matthew Swanson)
  • Co-Author, “Tendering Law — A Busy Decade”, Construction Business Magazine, November/December 2012
  • Author, “The Perils of Poor Drafting: Ambiguity in Commercial Lease Agreements”, ICSC Shopping Center Legal Update, November 2012
  • Presenter and Co-Author, “Practising Franchise Law — The Cases You Need to Know and Current Trends,” CBA Canadian Legal Conference, August 2012
  • Author, “Rights of Landlords in Bankruptcy — May Be More than Expected,” ICSC Shopping Center Legal Update, November 2011
  • Author, “What Legal Issues Do I Need to Consider When Creating or Revising My Franchise Information Package?,” The Franchise Voice, Spring 2011
  • Author, “The Unintended Franchise — Be Wary of Franchise Laws in Canada,” Business in Vancouver, February 2011
  • Co-Author, “Enforceable or Unenforceable? That is the Question: A Landlord’s Right to Terminate After Receiving a Request to Assign,” ICSC Shopping Center Legal Update, November 2010
  • Co-Author, Franchise Case Law Update, CLE BC, 2010
  • Speaker, CLE BC Franchising Seminar, 2010; Creditors’ Remedies Seminar, 2010 and 2005
  • Speaker, Ontario Bar Association Conference on Franchise Law, 2009
  • Speaker, Lorman Education Services Seminars on Builders’ Liens, 2008 and 2009

Rankings & Recognitions

  • Selected by peers for inclusion in the 2018 edition (and since 2008) of The Best Lawyers in Canada® (Corporate and Commercial Litigation, Franchise Law).
  • Recognized in the 2017 edition of Chambers Canada Canada's Leading Lawyers for Business (Franchising).
  • Recognized as the 2017 and 2013 "Vancouver Franchise Law Lawyer of the Year" by The Best Lawyers in Canada®.
  • Recognized as a 2017 Acritas Star.
  • Recognized in the 2017 (and since 2013) editions of The Canadian Legal Lexpert® Directory (Franchise Law)
  • Recognized in the 2016 edition of the Lexpert® Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada (Franchising Law).
  • Recognized in the 2015 edition (and since 2010) of Who’s Who Legal: Canada (Franchise Law).
  • Received the 2012 Canadian Franchise Association’s Vince Nichol Award for “demonstrating an entrepreneurial spirit and dedication as a volunteer for the betterment of the franchise community.” Also received the association’s 2006 Franchise Support Services Recognition Award.