Ms Tanya Nakhoul

Tanya Nakhoul

Lawyer biography

Tanya Nakhoul practices law within the firm’s commercial law and licensing and technology groups, as well as in franchising. Her practice supports the firm’s international and national clients by providing legal advice pertaining to a variety of industries such as franchising, retail, e-commerce, manufacturing and technology.
 
Tanya specializes in negotiating and drafting legal agreements relating to licensing, franchising and distribution, as well as technology-related agreements. Her expertise allows her to advise clients in a variety of matters including, but not limited to, supply and distribution, e-commerce, social media, intellectual property matters, marketing, advertising, consumer protection, French language compliance in the province of Quebec and other regulatory areas. She also regularly advises international clients with respect to Canadian business practices and regulatory compliance with Canadian law.
 
Tanya’s knowledge and experience has allowed her to contribute to the drafting of various publications for both internal newsletters as well as external publications pertaining to legal developments, as well as guides for legal practitioners, relating to franchising, licensing, distribution and technology. She has also presented on the legal implications of financial technology (“FinTech”), mobile payments and cybercurrency. 
 
Tanya is fluent in English and French. 
 
Areas of Expertise
  • Commercial Law
  • Franchising
  • Licensing and Technology

Education

  • B.C.L./LL.B., McGill University, 2015
Affiliations and Activities
  • Member of the Quebec Bar
  • Member of the Young Bar Association of Montreal

Updates

Franchising

Will a franchisee's rescission claim stay or will it go? Mandatory mediation may result in stay of proceedings
Canada | 18 December 2018

It has become common practice to include alternative dispute resolution (ADR) provisions in franchise agreements. A recent decision by the Ontario Court of Appeal serves as a stark reminder to franchisors to ensure that ADR provisions contained in a franchise agreement are properly drafted so that the commencement of disputes thereunder triggers the running of the applicable limitation period.

To be an employee or not to be – that is once again the question
Canada | 13 November 2018

The issue of whether a franchisee is an employee or an independent contractor has been debated on numerous occasions and was once again raised in a recent Quebec Court of Appeal decision. In its decision, the court emphasised that when analysing whether a franchisee qualifies as an employee or an independent contractor, the courts should look beyond the terms of the agreement between the parties. While this decision may worry certain franchisors, there are a number of mitigating factors to consider.

Franchisor caught between rock and hard place: importance of clear exclusivity clauses
Canada | 21 August 2018

Franchise arrangements often involve a three-way relationship whereby franchisors enter into commercial leases with landlords and then sublease the rented premises to franchisees. Such leases often contain an exclusivity clause limiting the landlord's ability to lease nearby commercial space to competitors of the franchise network. The Superior Court of Quebec recently confirmed that exclusivity clauses must be interpreted and applied restrictively so as not to unduly interfere with the parties' freedom of contract.