Buying or selling an existing Big Smoke Burger location in Ontario is a resale layered on top of a Toronto-founded fast-casual franchise system — the lease and the health-unit inspection matter as much as the franchisor's own consent and right of first refusal, especially in the compact food-hall and street-front footprints the brand is known for.
Big Smoke Burger resales follow the franchisor's own approval process on top of the usual purchase mechanics — here's how the two run together.
Getting approved
The offer sets price and structure, and should build in the conditions that matter for a Big Smoke Burger resale: franchisor consent, landlord consent to assign, and a clean health-unit inspection — not just financing.
1–2 weeks†Big Smoke Burger reviews the incoming owner's application, and may exercise a right of first refusal to acquire the location itself rather than let the sale proceed.
several weeks, typically†Whether an Arthur Wishart Act disclosure document applies to this specific resale gets confirmed early — Ontario courts read the resale exemption narrowly, so franchisor involvement in matching buyer to seller can still trigger a full disclosure requirement.
assessed early in the deal†Getting to closing
The landlord's consent to assign the lease runs alongside a fresh health-unit inspection or a notice of change of operator, timed around the closing date.
3–8 weeks†The incoming owner typically completes Big Smoke Burger's operations training before or shortly after taking over the location.
before or shortly after closing†Funds, keys, and the assignment documents change hands once every condition clears, alongside an inventory count of food and packaging settled at cost.
1 day, once conditions are met†Official mtyfranchising.com brand page confirms Toronto roots ('rooted in Toronto's urban food culture') and active Ontario franchise recruitment
Toronto-founded burger chain with an Ontario-concentrated footprint
This is the first real decision in a Big Smoke Burger resale — and it changes what you're buying, what you're taking on, and how the franchise agreement moves.
| Question | Asset purchase | Share purchase |
|---|---|---|
| What you buy | The location's assets — equipment, leasehold improvements, inventory, and the existing franchise agreement's benefit, subject to franchisor consent. | The shares of the operating company that holds the location — everything it owns, and everything it owes. |
| Franchisor consent & ROFR | Required for the specific location changing hands — often the pacing condition on the whole deal. | Required for the change of control itself — the franchisor reviews who is actually taking over. |
| Arthur Wishart disclosure | May still be required even where the deal is framed as a private resale — the exemption is read narrowly. | Assessed the same way regardless of how the shares change hands. |
| The lease | Needs the landlord's consent to assign — often the pacing item for the whole closing, especially in a compact urban footprint. | Usually stays in place unless the lease itself has a change-of-control clause. |
| Tax angle | Buyer gets a stepped-up cost base on the assets purchased. | Seller may access the lifetime capital gains exemption on qualifying shares. |
| Typical use in a Big Smoke Burger resale | The default for a single location changing hands between one buyer and one seller. | More common where an owner holding several locations sells the operating company as a whole. |
The location's assets — equipment, leasehold improvements, inventory, and the existing franchise agreement's benefit, subject to franchisor consent.
The shares of the operating company that holds the location — everything it owns, and everything it owes.
Required for the specific location changing hands — often the pacing condition on the whole deal.
Required for the change of control itself — the franchisor reviews who is actually taking over.
May still be required even where the deal is framed as a private resale — the exemption is read narrowly.
Assessed the same way regardless of how the shares change hands.
Needs the landlord's consent to assign — often the pacing item for the whole closing, especially in a compact urban footprint.
Usually stays in place unless the lease itself has a change-of-control clause.
Buyer gets a stepped-up cost base on the assets purchased.
Seller may access the lifetime capital gains exemption on qualifying shares.
The default for a single location changing hands between one buyer and one seller.
More common where an owner holding several locations sells the operating company as a whole.
We tell you which structure fits — before you sign anything.
No open-ended hourly surprises — the cost is confirmed in writing before any work begins.
| Type of work | Fee | How it's confirmed |
|---|---|---|
| Straightforward purchase or sale | Starting from $3,388.87 Our charges · taxes included | Confirmed in writing once we see the agreement. |
| Larger or more complex deal | Quoted to scope | Short call → fixed written quote before any work begins. |
| Searches, filings & third-party fees | At cost | Itemized on your invoice, not marked up. |
A single Big Smoke Burger location changing hands between one buyer and one seller, with a straightforward lease.
Start my file →An owner holding several locations selling the operating company as one, or a resale where the franchisor's right of first refusal or a disclosure question needs to be worked through first.
Book a consultation →Not sure which you are? That's our job to figure out, not yours. As a rough guide, most deals under a couple of million dollars are the first kind — above that, you're usually in Mergers & Acquisitions territory.
Not necessarily. Ontario courts have read the resale-disclosure exemption narrowly, and franchisor involvement in matching a buyer to a seller can be enough to trigger a full disclosure requirement anyway. Whether it applies to your deal is confirmed early, not assumed.
Generally, no — most Big Smoke Burger locations operate as a fast-casual counter-service format without a liquor licence, so an AGCO transfer typically isn't part of the deal. We confirm that against the specific location before scoping the file.
The core steps are the same, but a compact urban unit often means the lease review focuses more on use clauses and hours-of-operation restrictions common in food-hall and street-front leases, rather than a large-format lease negotiation.
A resale is an existing, already-equipped location changing ownership — there's no build-out to plan for, which is typically why a resale closes faster than opening a brand-new location.
It changes what you're taking on. The corporation's history and its existing liabilities come along with the shares, while the franchise agreement and lease generally stay attached rather than being re-applied for. We test that reasoning before you agree to it.
Related
Where we close franchise resale deals
Treadstone Law is an independent law firm. We act for buyers and sellers of franchise businesses. We are not affiliated with, endorsed by, or retained by Big Smoke Burger or its franchisor.
Tell us about your Big Smoke Burger resale — we'll point you the right way and confirm the cost in writing before any work begins.