Complaint letter to the Canadian Franchise Association, Oudovikine

Please accept this letter as a complaint against your member, the Canadian Imperial Bank of Commerce, CIBC. It has breached the following provisions of the Canadian Franchise Association's (CFA) Code of Ethics…

Letter to the Canadian Franchise Association
Code of Ethics violation

December 22, 2004
Andrei Oudovikine

850 Steeles Avenue, Unit 708
Thornhill, ON L4J 8E7
416.219.6576 Tel
905.760.7927 Tel/Fax
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December 22, 2004

Mr. Richard Cunningham
President
Canadian Franchise Association
2585 Skymark Avenue, Suite 300
Mississauga, ON L4W 4L5

REGARDING: Code of Ethics Violations
Canadian Imperial Bank of Commerce

Dear Mr. Cunningham:

Please accept this letter as a complaint against your member, the Canadian Imperial Bank of Commerce, CIBC. It has breached the following provisions of the Canadian Franchise Association's (CFA) Code of Ethics:

• Section One - not violate provincial and federal law (lending duty and due diligence: Bank Act and Canada Small Business Financing Act and Regulations; privacy and confidentiality: Bank Act; fair dealings and right to associate: Arthur Wishart Act (Franchise Disclosure);

• Section Six - be fair with franchisees (obstructing complaint, privacy violation, intimidation, attempt to coerce complaint abandonment through third parties, refusal to meet, misrepresentations, refusal to accept complaint, retaliation); and

• Section Ten - do not prohibit a franchisee from forming, joining or participating in any franchisee association, or penalize a franchisee that does so (refusal to deal with advocate, retaliation for CAFO membership).

None of these matters involve civil litigation. CIBC's Ombudsman has accepted a similar complaint from me on December 1, 2004.

CIBC's actions will result in my family's personal and corporate bankruptcy.

My franchisor, Country Style donuts, and Choice Corporation are also members of your association. I understand that these three franchise organizations have significant business relationships.

I am willing to participate in your Franchise Ombudsman Program as long as I do not have to sign pre-meeting waiver of legal rights and confidentiality agreements.

Please provide written confirmation of having received this complaint and your organization's subsequent findings. I understand the CFA has never disciplined any member by revoking its membership.

Sincerely,

Mr. Andrei Oudivikine

cc:
Mr. John Hunkin
Canadian Imperial Bank of Commerce

Hon. James Watson
Minister of Consumer and Business Services

Mr. Mario Racco, MPP
Thornhill

Hon. David Emerson
Ministry of Industry and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec

Ms. Susan Kadis, MP
Thornhill

Ms. Suzanne Hurtubise
Deputy Minister, Industry Canada

Mr. Les Stewart
Canadian Alliance of Franchise Operators, CAFO


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