A&W Food Services of Canada Inc. — a wholly Canadian company, independent from A&W's US operations — periodically markets certain existing locations as "opportunity restaurants" for sale alongside new-build sites, on top of the ordinary franchisee-to-franchisee resale market. We act as independent counsel for buyers and sellers of individual A&W restaurants in Ontario; this page is not affiliated with or endorsed by A&W.
A&W resales follow the franchisor's own approval process on top of the usual purchase mechanics — here's how the two run together.
Getting approved
Whether the location came from A&W's own opportunity-restaurant listings or a private sale between franchisees, the offer should build in the same franchisor consent and training conditions either way.
1–2 weeks†Review of the buyer's background, financial capacity, and prior operating experience — A&W reviews every applicant directly before consenting to a transfer.
3–6 weeks†A&W confirms the restaurant still meets its current site and brand standards, including drive-thru layout, before consenting to the transfer.
2–4 weeks, in parallel†Getting to closing
A franchisor-facilitated resale can look exempt from Arthur Wishart Act disclosure requirements — Ontario courts have read that resale exemption narrowly, so we assess whether disclosure may still be required.
assessed early, runs in parallel†Landlord consent to assign the lease, with particular attention to drive-thru and signage terms on A&W's traditional drive-in-style sites.
2–6 weeks†A&W's own operator training program runs alongside final transfer approval — we track every condition through to the day funds and keys change hands.
4–6 weeks, then closing†A&W Food Services of Canada Inc. listed on the CFA's Look For A Franchise directory; awfranchise.ca is the official Canadian franchise recruitment site
A large number of restaurants nationally, with active expansion plans specifically in Ontario
A&W periodically markets existing 'opportunity restaurants' alongside new-build sites through awfranchise.ca
This is the first real decision in a A&W resale — and it changes what you're buying, what you're taking on, and how the franchise agreement moves.
| Question | Asset purchase | Share purchase |
|---|---|---|
| Franchise agreement | New agreement issued directly by A&W to the incoming operator, on its then-current terms. | Existing agreement can stay in place, with A&W still reviewing and consenting to the ownership change. |
| Lease / premises | Landlord consent to assign, with drive-thru layout and signage terms carried into the assignment. | Lease usually continues unless it carries its own change-of-control clause. |
| Staff (ESA) | Employment Standards Act continuity rules typically govern how crew carry over to the buyer. | Employment generally continues without interruption — the employer doesn't change. |
| Tax angle | Buyer gets a stepped-up cost base on the assets purchased; an HST election may apply. | Seller may access the lifetime capital gains exemption on qualifying shares. |
| Typical use | The default whether buying an A&W-marketed opportunity restaurant or a private franchisee sale. | Less common — sometimes used by an operator selling a holding company that owns multiple locations. |
New agreement issued directly by A&W to the incoming operator, on its then-current terms.
Existing agreement can stay in place, with A&W still reviewing and consenting to the ownership change.
Landlord consent to assign, with drive-thru layout and signage terms carried into the assignment.
Lease usually continues unless it carries its own change-of-control clause.
Employment Standards Act continuity rules typically govern how crew carry over to the buyer.
Employment generally continues without interruption — the employer doesn't change.
Buyer gets a stepped-up cost base on the assets purchased; an HST election may apply.
Seller may access the lifetime capital gains exemption on qualifying shares.
The default whether buying an A&W-marketed opportunity restaurant or a private franchisee sale.
Less common — sometimes used by an operator selling a holding company that owns multiple locations.
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 A&W restaurant — whether listed by A&W itself as an opportunity restaurant or sold privately between franchisees — with a standard drive-thru lease and no other locations involved.
Start my file →A multi-location A&W operator selling several restaurants together, or a deal that includes real estate rather than a leased site.
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.
A&W periodically markets certain existing locations directly through its own franchise recruitment channels as opportunity restaurants, alongside new-build sites — but the buyer still goes through the same franchisor consent and training process as any other resale. Whether a location came from A&W's own listings or a private sale between franchisees, the legal process on your end looks much the same.
No — A&W Food Services of Canada Inc. has operated as an independent, Canadian-owned company for decades, separate from A&W's US restaurant operations. That distinction can matter for how certain brand and supply agreements are structured, though it doesn't change the basic mechanics of a franchise resale.
The drive-thru layout, signage, and site standards are all things A&W reviews as part of approving the transfer, and they're also relevant to how the lease assignment is negotiated with the landlord. We flag any site-specific conditions early so they don't surface as a surprise close to your closing date.
Yes, and with A&W actively growing in Ontario, multi-location deals do come up — though each location typically still goes through its own consent and training review even when they're closing together. We coordinate the paperwork so the locations can close on the same day where that's the goal.
That's exactly what diligence is for — we help you verify financials, lease terms, and licence standing against what's actually represented before you're financially committed, not after. If something doesn't line up, we build in the conditions that let you walk away or renegotiate.
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 A&W or its franchisor.
Tell us about your A&W resale — we'll point you the right way and confirm the cost in writing before any work begins.