Letter, To franchisee association from franchisor

To the extent that you also intend to approach any of Grand & Toy’s customers concerning the subject matter of the litigation, you should be advised that Grand & Toy will, if necessary, commence an action against the GTLA and the individual members for in

Letter
July 31, 2001

To franchisee association from franchisor
Brian Ward

Grand%20%26%20Toy%20franchising.jpg

July 31, 2001

Mr. Pat Masson
Secretary, GTLA
Grand & Toy
3300 Fairview Street
Burlington, Ontario
L7N 3N7

Dear Pat:
Grand & Toy Limited re: Grand & Toy Licensee Association

We were unable to reach Steve Gray today, whom we assume is still the President of the GTLA and are writing to you in his stead. Would you please ensure that each member of the GTLA receives a copy of this letter.

We are writing in regard to a letter dated July 26, 2001 addressed to Peter Vanexan of Grand & Toy Limited (“Grand & Toy”) which was faxed that day to each of Mr. Vanexan, Chris Milliken, Vincent Hannity, Anne MacPhee, Ron Franks and myself by your lawyer, Evert Van Woudenberg. Our lawyer will be following up directly with Mr. Van Woudenberg concerning the inappropriateness of his having contacted us directly rather than through her.

With reference to the threatened public relations campaign, Grand & Toy takes the position that this is a private dispute that turns on the wording of contracts executed by the licensees with the opportunity for legal and other advice. Our lawyer has advised us that it is defamatory and entirely improper to describe Grand & Toy’s decision to stand on its bargained-for legal rights as “unfair”" or “bad faith”. As a result, any attempt to move this dispute into the public sphere will not only highlight the weakness in your legal position, it will demonstrate the extent to which you apparently wish to injure Grand & Toy’s reputation in the marketplace. Should you pursue this threatened public relations campaign, Grand & Toy will have no choice but to protect its reputation including commencing a defamation action against the GTLA and every individual involved in the preparation or dissemination of slanderous statements concerning Grand & Toy. Further, any attempt to cloak such statements as “fair comment” will fail in view of the obvious malice demonstrated by the GTLA and each of you toward Grand & Toy. To the extent that you also intend to approach any of Grand & Toy’s customers concerning the subject matter of the litigation, you should be advised that Grand & Toy will, if necessary, commence an action against the GTLA and the individual members for intentional interference with economic relations and if warranted, inducing breach of contract.

As for your request that any meeting to discuss your letter take place by this Friday, August 3, 2001, we advise that we are willing to meet with the GTLA Executive to hear what it has to say but only with our respective lawyers in attendance. We understand that your lawyer is away for the next two weeks and we do not know whether there is anybody in his place to represent the GTLA. If there is, please let us know when you would like to meet. If he is not available, then we will have to wait until his return to discuss this matter in more detail. However, it must be understood that Grand & Toy has already made its position with respect to the expiration of the licence agreements known.

In the interim, we trust that you will hold-off conducting your public relation campaign. If not, then we trust that you will seriously consider the implications of making statements to the press and others which are unfounded and which may have the effect of causing damage to Grand & Toy’s reputation for which the GTLA and each of its members will be responsible.

Yours very truly,

Grand & Toy Limited

Brian Ward
Vice-President, Retail

cc: P. Vanexan
J. Dolman


Brought to you by WikidFranchise.org

Risks: Hates publicity, Intentional interference with economic relations, Threats of lawsuits, Franchisor takes franchisee stores, Canada, 20010731 G&T Letter

Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-ShareAlike 3.0 License