• Acknowledged Professional Judgment

    "Reasons for Decision of a Judge of the Ontario Superior Court of Justice, Toronto; 1159607 Ontario Inc. v. Country Style Foods, 2012 ONSC 2150, April 5, 2012; successful damages action against Country Style Foods."

  • Resilience and Expertise

    Ben Hanuka has represented parties to virtually all types of franchise disputes. He has acted in court as legal counsel in pioneering franchise disclosure cases that have shaped Ontario franchise law. 

  • Franchise Arbitration

    Ben Hanuka is a member of several prestigious arbitration societies and institutes. He accepts appointments to preside over franchise arbitrations, whether for ad-hoc arbitrations or institutional arbitrations. 

Law Works Franchise Blog

Rescission Claims and Damages

Posted by Ben Hanuka on Tue, May 24, 2016 @ 13:05 PM

Rescission under Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000, and comparable franchise disclosure legislation in other provinces, is a dramatic remedy.  It entitles a franchisee to compensation of all his or her investment in the franchised business. 

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This article is provided for information purposes only. Law Works' Franchise Law Blog does not provide legal advice.

For more information about Law Works' expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (866) 716-6497.

Tags: Rescission, Damages

Getting out of a franchise agreement: termination and damages for breach

Posted by Ben Hanuka on Tue, May 03, 2016 @ 19:05 PM

The legal characteristics of a franchise agreement are different from normal commercial contracts in that they are “contracts of adhesion”.  They are typically drafted on a franchisor’s standard form contact and are generally signed by the franchisee with little or no modification.

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This article is provided for information purposes only. Law Works' Franchise Law Blog does not provide legal advice.

For more information about Law Works' expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (866) 716-6497.

Tags: Clients, Post-Termination, Termination, Franchise Agreement, Failures, Damages

Franchisor cannot enforce restrictive covenant in a territory where it does not intend to operate

Posted by Ben Hanuka on Mon, Apr 11, 2016 @ 09:04 AM

The Ontario Court of Appeal released an interesting decision recently in a case involving the enforceability of a non-competition covenant in a franchise dispute involving the MEDIchair franchise system.  The court reversed the decision of a Superior Court of Justice application judge (who ruled in the franchisor’s favour) and found that the restrictive covenant in the franchise agreement was unenforceable in Peterborough.

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This article is provided for information purposes only. Law Works' Franchise Law Blog does not provide legal advice.

For more information about Law Works' expertise and how we may be able to help you, please contact Ben Hanuka at ben@lawworks.ca or by phone at (866) 716-6497.

Tags: Territory, Post-Termination, Franchise Agreement, Commercial Reasonableness

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