ANALYSIS: Relationships Created to Resolve CIBC Dispute by Mr. Les Stewart MBA

1. Because of the high cost of legal services, Andrei initiated a web search for resources available to resolve his concerns with CIBC. In (?), 2003 he became aware of an advocacy group called the Canadian Alliance of Franchise Operators, CAFO (www.cafo.net).

2. In (June) 2003, Alex, Andrei and Andralex Food Services Inc. entered into an agency agreement with Les Stewart, CAFO founder, to provide consulting services. Les Stewart specializes in the resolution of franchisee disputes using a regulatory, political, public relations and industry methodology.

ANALYSIS: Relationships Created to Resolve CIBC Dispute by Mr. Les Stewart MBA

Canadian%20Alliance%20of%20Franchise%20Operators%20Les%20Stewart.jpg

To: Mr. Andrei Oudovikine
From: Mr. Les Stewart, Canadian Alliance of Franchise Operators, CAFO
Date: November 30, 2005

DRAFT

Relationship Analysis
v 1.0

RELATIONSHIPS CREATED TO RESOLVE CIBC DISPUTE

1. Because of the high cost of legal services, Andrei initiated a web search for resources available to resolve his concerns with CIBC. In (?), 2003 he became aware of an advocacy group called the Canadian Alliance of Franchise Operators, CAFO (www.cafo.net).

2. In (June) 2003, Alex, Andrei and Andralex Food Services Inc. entered into an agency agreement with Les Stewart, CAFO founder, to provide consulting services. Les Stewart specializes in the resolution of franchisee disputes using a regulatory, political, public relations and industry methodology.

In 2000, Les Stewart was an expert witness to the Legislative Assembly of Ontario’s Standing Committee on Private Bills and Regulations regarding Bill 33. Bill 33 became Ontario’s first franchise-specific law and is currently administered by the Ministry of Government Services (Arthur Wishart Act (Franchise Disclosure), 2000).

The Standing Committee chose five expert witnesses: Gillian K. Hadfield, law professor, University of Southern California, Susan Kezios, president, American Franchisee Association, John Sotos, lawyer, Sotos LLP, Richard Cunningham, president, Canadian Franchise Association and Les Stewart, president, CAFO.

Tony Martin, MPP Sault Ste. Marie was a member of the Standing Committee and became a well-known franchisee advocate. Les Stewart and Tony Martin have worked since 1998 on franchise industry issues. In June 2004, Tony Martin was elected MP for the federal constituency of Sault Ste. Marie.

3. Since (?) 2003, Alex, Andrei and Andralex Food Services Inc. has received financial and taxation advice from Harris & Partners.

4. As a result of CIBC branch officials’ refusal to deal, in August 2004 Andrei formally complained to their National Customer Care office. The complaints were escalated to the CIBC Ombudsman Office and then to the Ombudsman for Banking Services and Investments. Andrei alleges several violations of the Bank Act, Personal Personal Information Protection and Electronic Documents Act, Canada Small Business Financing Act and Regulations occurred during the course of his investigations.

5. The Office of the Privacy Commissioner of Canada has four current files regarding CIBC violations of the Personal Information Protection and Electronic Documents Act, PIPEDA.

6. The Offices of the Superintendent of Financial Institutions of Canada, Financial Consumer Agency of Canada, Minister of Finance, Justice Canada, Ministry of Safety and Minister of Industry are aware of the substantive issues.

7. In (?, ?), Andrei filed a complaint alleging CIBC criminal fraud activity with the Royal Canadian Mounted Police via their www.recol.ca. Members of the RCMP Commercial Crime unit extensively interviewed Andrei over a seven-month period.

8. In 2005, the Canada Small Business Financing Act was undergoing mandatory review. At the suggestion of Peter Webber, Policy Director, Industry Canada, Les Stewart submitted a paper in February 2005 entitled Franchising Opportunism: Deceit to Secresy Confind.

The following regulatory agencies have received an electronic copy of Franchising Opportunism: Nicholas Le Pan, Superintendent, Office of the Superintendent of Financial Institutions, William McKnight, Commissioner and Andy Rapoch, Manager, Consumer Services Division, Financial Consumer Agency of Canada, Michael Lauber, Ombudsman and CEO and Doug Weber, Deputy Ombudsman, Ombudsman for Banking Services and Investments, Jennifer Stoddart, Commissioner, Office of the Privacy Commissioner of Canada and Sheila Fraser, Auditor General of Canada, Office of the Auditor General of Canada.

The following federal politicians have received an electronic copy of Franchising Opportunism: Hon. Vic Toews, Minister of Justice and Attorney General of Canada, Hon. Carol Skelton, Minister of National Revenue and Minister of Western Economic Diversification, Hon. Stockwell Day, Minister of Public Safety, Hon. John Baird, President of the Treasury Board, Hon. Maxime Bernier, Minister of Industry, Hon. James Flaherty and Ralph Goodale, Minster of Finance, Rt. Hon. Stephen Harper, Prime Minister and MPs Helene Geurgis, Dan McTeague, Judy Wasylycia-Leis, Susan Kadis, and Tony Martin.

The following federal Standing Committees’ Chair have received an electronic copy of Franchising Opportunism, House of Commons: Brian Pallister, Finance, James Rajotte, Industry, Science and Technology and Tom Wappel, Access to Information, Privacy and Ethics and Jerahmiel S. Grafstein, Q.C, Senate Standing Committee on Banking, Trade and Commerce.

The following provincial politicians have received an electronic copy of Franchising Opportunism:
Hon. Gerry Phillips, Minister of Government Services, Mario Racco, MPP and Jim Wilson, MPP.

The following journalists and news outlets have received an electronic copy of Franchising Opportunism: Andrew Mayeda, reporter, Ottawa Citizen, James Daw, business editor, Stuart Laidlaw, reporter, Ellen Roseman and Richard Gwyn, columnists, The Toronto Star, Sinclair Stewart, reporter and Eric Reguly, editor, The Globe and Mail, Ron, de Ruyter, The Kitchener-Waterloo Record, Nancy Sparks, columnist, Franchise Times, Dr. Callum Floyd, editor, www.franchise-chat.com. Articles concerning Andrei’s dispute have appeared in The Ottawa Citizen (twice) and The Toronto Star.


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