Is a franchisor a proper respondent to a human rights complaint arising out of its franchisee's employment relationships or services?
British Columbia, Canada
The following excerpt is from Boyetchko v. Home Hardware Stores Limited and others (No. 2), 2004 BCHRT 421 (CanLII):
A franchisor may be a proper respondent to a human rights complaint arising out of its franchisee’s employment relationships or services: Maycock v. Canadian Tire Corporation Limited and another, 2004 BCHRT 33. A franchisor may be liable if it exercises such a degree of control over the acts or omissions alleged in the complaint that it can be said that the franchisor is itself providing a service or employing the employees in question: Maycock at para. 46.
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