Law Dictionary

Franchise registration refers to a requirement, found in some US states, that a franchisor register its offering with a regulator before selling franchises. No province in Canada, including BC, has a franchise registration requirement. The nearest Canadian concept is franchise disclosure, which requires the franchisor to give prospective franchisees a disclosure document.

Franchise renewal is the extension of a franchise relationship for a further term when the original term expires. Whether a franchisee has a right to renew, and on what conditions, such as signing the then current agreement, paying a fee or upgrading premises, depends entirely on the franchise agreement.

A franchise resale is the sale of an existing franchised business by a franchisee to a buyer, usually requiring the franchisor's consent under the franchise agreement and payment of a transfer fee. Under British Columbia's Franchises Act, a resale by a franchisee for its own account is generally exempt from disclosure, so buyers rely on due diligence.

Franchise termination is the ending of a franchise agreement before or at the end of its term. In British Columbia, termination rights, notice and cure periods come from the agreement itself and the common law, while the Franchises Act duty of fair dealing requires both parties to exercise those rights honestly and in good faith.

Franchisor obligations are the duties a franchisor owes its franchisees. Under British Columbia's Franchises Act, the franchisor must deliver a compliant disclosure document, deal fairly in performing and enforcing the agreement, and not penalize franchisees for associating with each other. Support, training, territory and supply obligations arise only from the franchise agreement.

Fraudulent misrepresentation is a false statement of fact made knowingly, without belief in its truth, or recklessly, that induces another person to enter a contract or act to their loss. In British Columbia, the victim may sue in the tort of deceit for damages and may also be entitled to rescind the contract.

A frivolous or vexatious claim is a lawsuit or pleading that has no reasonable prospect of success or is brought to harass or burden the other side. In the BC Supreme Court, a party may apply under Rule 9-5 to strike it, seek summary judgment, and ask for costs, including special costs for reprehensible conduct.

Garnishment is a court enforcement process in which a creditor obtains a garnishing order requiring a third party, such as a bank, employer or customer, to pay money it owes the debtor into court. In British Columbia it is governed by the Court Order Enforcement Act, is available before or after judgment, and wages can be garnished only after judgment.

General counsel is the senior lawyer responsible for an organization's legal affairs, either as an employee (in-house counsel) or under an outsourced arrangement. In British Columbia, a general counsel giving legal advice must be a practising member of the Law Society of BC, and communications made to obtain legal advice are protected by solicitor-client privilege.

General damages are compensation for losses the law presumes or that cannot be calculated precisely, such as pain and suffering or loss of reputation in tort, or losses that flow naturally from a breach of contract. They contrast with special damages, which are specific, quantifiable out-of-pocket losses a plaintiff must plead and prove.

A general partnership is the relationship between two or more persons carrying on a business in common with a view to profit, under British Columbia's Partnership Act. It is not a separate legal entity: each partner is personally liable for all partnership debts, and each can bind the firm when acting in the ordinary course of its business.

A general release is a written agreement in which one party gives up all claims, known or unknown, against another, usually in exchange for a settlement payment or as a closing deliverable in a transaction. BC courts read releases according to their wording and context, so claims the parties did not contemplate may survive unless the language clearly captures them.

Genetic information is personal information about a person's inherited characteristics, including the results of genetic tests. In Canada, the federal Genetic Non-Discrimination Act makes it an offence to require a genetic test, or disclosure of test results, as a condition of providing goods or services or entering into a contract. British Columbia businesses must also protect it under PIPA.

A geographical indication identifies a wine, spirit, agricultural product or food as originating in a particular territory, where its quality, reputation or other characteristic is essentially linked to that origin. In Canada, geographical indications are protected federally by entry on a list kept by the Registrar under the Trademarks Act, which bars using them on goods from elsewhere.

A gift card, called a prepaid purchase card in British Columbia law, is a card, certificate or code bought in advance and redeemed later for goods or services. The Business Practices and Consumer Protection Act and the Prepaid Purchase Cards Regulation generally prohibit expiry dates and most fees on cards sold to consumers, subject to listed exceptions.

Globalization is the growing integration of economies, businesses and people across national borders through trade, investment, technology and the movement of people. It is an economic and social term rather than a legal one. For businesses, it raises legal issues such as cross-border contracts, trade rules, foreign investment, tax and intellectual property protection abroad.

Good faith in Canadian contract law is an organizing principle that parties must perform their contracts honestly and reasonably, not capriciously or arbitrarily. Every contract carries a duty of honest performance, and contractual discretion must be exercised in good faith. There is no general duty to negotiate in good faith or to put the other party's interests first.

A British Columbia company is in good standing when its required filings with the Registrar of Companies, chiefly annual reports, are up to date and it has not been dissolved or struck from the register. A certificate of good standing from BC Registries is a standard closing deliverable. It does not confirm tax, licensing or regulatory compliance.

Goodwill is the value of a business beyond its identifiable assets, arising from its reputation, customer relationships, name and location. In a BC business sale, goodwill is priced into the purchase price and protected by the seller's restrictive covenants. In law, goodwill is the interest protected by the tort of passing off and section 7 of the federal Trademarks Act.

Goodwill amortization is the accounting practice of writing down the value of purchased goodwill over time. It is an accounting term rather than a legal one. Under current Canadian accounting standards for public companies, goodwill is not amortized but tested for impairment; tax treatment of goodwill is separate and follows the Income Tax Act.

Goodwill impairment is an accounting write-down of goodwill when the value of the business unit to which it relates falls below its carrying value on the balance sheet. It is an accounting term rather than a legal one. It records that the premium paid for an acquired business is no longer supported by expected future cash flows.

Goodwill valuation is the process of estimating the value of a business's goodwill, meaning the value of its reputation, customer relationships and other intangible advantages beyond its identifiable assets. It is a valuation and accounting term rather than a legal one, usually performed by chartered business valuators or accountants in sales, disputes and tax planning.

Governance, in the business context, means corporate governance: the system by which a company is directed and controlled. It covers the roles of directors, officers and shareholders, how decisions are made and recorded, and the policies that ensure accountability. For a BC company, governance is set by statute, the company's articles and any shareholders agreement.

Government contracts are contracts under which a government ministry, agency, Crown corporation or local government buys goods, services or construction from private suppliers. They are usually awarded through competitive procurement processes and often contain standard terms on insurance, confidentiality, intellectual property and termination that are more favourable to the government than typical commercial contracts.

Government funding refers to money provided by governments to businesses or organizations, such as grants, contributions, repayable loans, tax credits and wage subsidies, for purposes like research, hiring, training or expansion. It is a general business term. Funding is usually governed by a contribution or grant agreement setting out conditions, reporting and repayment obligations.