Leading Canadian
FRANCHISE & BUSINESS LAW FIRM

Franchise Litigation and Appeals

Canadian Franchise Litigation and Appeals Practice

We have acted as counsel in many important precedent-setting court decisions in Ontario.

Franchise Litigation Attorney

We represent parties in all aspects of the litigation process, from start to completion, including the following:

  • Conducting an initial assessment of the case, issues, facts, evidence and applicable law and formulating the theory of the case
  • Drafting Pleadings (Statement of Claim, Statement of Defence, Counterclaim, Reply)
  • Conducting discovery process (including processing e-discovery on high-tech platform)
  • Bringing or responding to motions throughout the litigation process
  • Representing parties in regard to motions for summary judgment
  • Representing parties in regard to injunction motions
  • Representing parties in a mediation
  • Representing parties at trial
  • Representing parties on appeal

Franchise Rescission

What We Do

We represent parties in connection with all issues relating to Franchise Rescissions, including the following:

  • Assessing and advising on grounds for rescission
  • Dealing with all aspects of preparation of notices of rescission
  • Representing parties on pursuing or challenging rescission claims in court or arbitration
  • Representing parties in disputes relating to franchise repossession upon in the context of rescission claims

Important Cases

We have acted as counsel in the following innovative and precedent-setting Ontario cases relating to Franchise Rescissions:

  1. This court decision was among the earliest reported franchise disclosure decisions after the passage of Ontario’s franchise legislation, the Arthur Wishart Act (Franchise Disclosure), 2000.Full Case Name: Bekah v. Three for One Pizza (2003)
  2. This court decision is among the most influential Ontario court decisions under the Arthur Wishart Act (Franchise Disclosure), 2000, to date.Full Case Name: 1518628 Ontario Inc. v. Tutor Time Learning Centres, LLC (2006)
  3.  This was the first Ontario class action based on the disclosure requirements in the Arthur Wishart Act (Franchise Disclosure), 2000.Full Case Name: Al-Harazi v. Quizno’s Canada Restaurant Corporation (2007)
  4.  This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000, on the issue of what constitutes a materially deficient disclosure document.Full Case Name: Sovereignty Investment Holdings, Inc. v. 9127-6907 Quebec Inc. (2008)
  5. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000, on the issue of bad faith conduct.Full Case Name: Sirianni v. Country Style (2012)

Franchise Terminations

What We Do

We represent parties on all issues relating to Franchise Terminations, including the following:

  • Assessing and advising parties with respect to default and termination grounds
  • Representing parties with respect to default and termination steps
  • Representing parties with respect to takeover of retail locations, including dealing with landlords, government liens, secured creditors, unsecured creditors, etc.
  • Representing parties on court injunction motions/applications relating to terminations.

Important Cases

We have acted as counsel in the following innovative and precedent-setting Ontario case relating to Franchise Termination:

  1. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000, on the issue of bad faith conduct.Full Case Name: Sirianni v. Country Style (2012)

Franchise Non-Compete Restrictive Covenants

What We Do

We represent parties in connection with all issues relating to Franchise Non-Compete Covenants, and more broadly, all restrictive covenants, including the following:

  • Assessing and advising on enforceability and scope of restrictive covenant
  • Investigating facts and evidence relevant to enforceability of restrictive covenants
  • Representing parties in court or arbitration on injunction motions/applications relating to enforceability of restrictive covenants

Franchise Misrepresentation claims

What We Do

We represent parties in connection with all issues relating to Franchise Misrepresentation Claims, including the following:‎

  • Assessing Material Facts and Material Changes
  • Assessing significant and impact of Misrepresentations
  • Representing parties on all disputes arising out of Misrepresentation claims

Important Cases

We have acted as counsel in the following innovative and precedent-setting Ontario case ‎relating to Franchise Misrepresentation Claims:‎

  1. This court decision is among the most influential Ontario court decisions under the Arthur Wishart Act (Franchise Disclosure), 2000, to date.Full Case Name: 1518628 Ontario Inc. v. Tutor Time Learning Centres, LLC (2006)
  2. This was the first Ontario class action based on the disclosure requirements in the Arthur Wishart Act (Franchise Disclosure), 2000.Full Case Name: Al-Harazi v. Quizno’s Canada Restaurant Corporation (2007)
  3. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000, on the issue of bad faith conduct.Full Case Name: Sirianni v. Country Style (2012)

Franchise Bad Faith Claims

What We Do

We represent parties in connection with all issues relating to Franchise Bad Faith/Good Faith Claims, including the following:

  • Negotiating head leases with landlords
  • Advising parties and incorporating all necessary parts into disclosure document
  • Representing parties on all disputes arising out of leases in franchising

Important Cases

We have acted as counsel in the following innovative and precedent-setting Ontario case relating to Franchise Bad Faith Claims:

  1. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000, on the issue of bad faith conduct.Full Case Name: Sirianni v. Country Style (2012)

Who We Represent

We represent international and Canadian franchisors, master franchisees, area developers, multi-unit franchisees, and single-unit franchisees.

Franchise Waivers and Releases

What We Do

We represent parties in connection with all issues relating to Franchise Waivers and Releases, including the following:

  • Assessing and advising on legality and enforceability of waivers or releases
  • Advising on proper mechanisms for structuring and negotiating enforceable releases
  • Representing parties on a court or arbitration challenge to the enforceability of waivers or releases

Important Cases

We have acted as counsel in the following innovative and precedent-setting Ontario case relating to Franchise Waivers and Releases:

  1. This court decision is among the most influential Ontario court decisions under the Arthur Wishart Act (Franchise Disclosure), 2000, to date.Full Case Name: 1518628 Ontario Inc. v. Tutor Time Learning Centres, LLC (2006)

Franchise Disclosure Document

We represent parties in connection with all issues relating to Franchise Disclosure Documents, including the following:

  • Assessing and advising on adequacy of disclosure document and compliance with Canadian franchise legislation
  • Drafting disclosure document
  • Assessing and advising on material facts and material changes

Important Cases

We have acted as counsel in the following innovative and precedent-setting Ontario case relating to Franchise Disclosure Documents:

  1. This court decision is among the most influential Ontario court decisions under the Arthur Wishart Act (Franchise Disclosure), 2000, to date.Full Case Name: 1518628 Ontario Inc. v. Tutor Time Learning Centres, LLC (2006)
  2. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000, on the issue of what constitutes a materially deficient disclosure document.Full Case Name: Sovereignty Investment Holdings, Inc. v. 9127-6907 Quebec Inc. (2008)
  3. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000, on the issue of bad faith conduct.Full Case Name: Sirianni v. Country Style (2012)

Franchise Leases

What We Do

We represent parties in connection with all issues relating to Franchise Leases, including the following:

  • Negotiating head leases with landlords
  • Advising parties and incorporating all necessary parts into disclosure document
  • Representing parties on all disputes arising out of leases in franchising

Important Cases

We have acted as counsel in the following innovative and precedent-setting Ontario case relating to Franchise Leases:

  1. This was the first Ontario class action based on the disclosure requirements in the Arthur Wishart Act (Franchise Disclosure), 2000.Full Case Name: Al-Harazi v. Quizno’s Canada Restaurant Corporation (2007)
  2. This is an influential Ontario court decision under the Arthur Wishart Act (Franchise Disclosure), 2000, on the issue of bad faith conduct.Full Case Name: Sirianni v. Country Style (2012)

Who We Represent

We represent international and Canadian franchisors, master franchisees, area developers, multi-unit franchisees, and single-unit franchisees.

Franchise Purchase and Resale Transactions

We have experienced affiliate lawyers across Ontario handling franchise purchases and franchise resales, and all related transactions. Where desirable on consultation with the client, we supervise or coordinate the work with the clients.

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Franchise Law Blog

Franchise Renewals: Introducing...

Posted by | 15 August 2017

​This article, written by Ben Hanuka, was originally published by The Lawyers Daily on July 7, 2017, under the title “Courts struggle for balance with material changes to... Read More

Court of Appeal for Ontario Provides...

Posted by | 14 June 2017

Authors: Evan Ivkovic and Jeff Nguyen, Students-at-Law, Law Works P.C. Read More

Franchise-Lease Disclosure Problems...

Posted by | 25 May 2017

This article, written by Ben Hanuka, originally appears in the May 31, 2017, issue of The Lawyers Daily. Click here to view the full article. Read More

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What’s New

​​Article in The Lawyers D...

We are pleased to announce that The Lawyers Daily published an article by Ben Hanuka on July 7, 2017, titled “Courts struggle for balance with material changes to renewal... Read More

Ben Hanuka quoted in Lawyers D...

We are pleased to announce that both of the top legal news publications in Canada - The Lawyers Daily and Law Times – reported about the recent Ontario Court of Appeal... Read More

Law Works Expanding to British...

We are pleased to announce that on June 2, 2017, Ben Hanuka was called (admitted) to the British Columbia Bar at an official Call to the Bar ceremony of the Law Society and... Read More

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