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The McDonald’s ice cream machine repairs dispute is an example of a franchisor-franchisee-supplier dispute.  Some McDonald’s franchisees took on DIY repairs to their ice cream machines by installing an aftermarket gadget to troubleshoot repairs, violating the franchisor’s warranties.  McDonald’s ordered that the gadgets be removed, claiming they could cause “serious human injury”.  Now the gadget’s manufacturer, Kytch, is suing McDonald’s for $900 million in damages for destroying its rapidly growing start up business. More

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Interested In Taking a Professional Development Course?

Ben Hanuka
JD, LLM, CS (Civ Lit), FCIArb, of the Ontario and BC Bars

Highlights:

  • JD, LLM (Osgoode '96, '15), C.S. in Civ Lit (LSO), Fellow of CIArb, member of the Bars of Ontario ('98) and BC ('17)
  • Principal of Law Works PC (Ontario)/LC (British Columbia)
  • Acted as counsel in many leading franchise court decisions in Ontario over the past twenty-five years, including appellate decisions.
  • Provided expert opinions in and outside Ontario
  • Presented at and chaired numerous franchise and civil litigation CPD programs for over 20 years
  • Chair of OBA Professional Development (2005-2006) - overseeing all PD programs
  • Chair of Civil Litigation Section, OBA (2004-2005)

Notable Cases:

Mendoza v. Active Tire & Auto Inc., 2017 ONCA 471

1159607 Ontario v. Country Style Food Services, 2012 ONSC 881 (SCJ)

1518628 Ontario Inc. v. Tutor Time Learning Centres LLC (2006), 150 A.C.W.S. (3d) 93 (SCJ, Commercial List)

Bekah v. Three for One Pizza (2003), 67 O.R. (3d) 305, [2003] O.J. No. 4002 (SCJ)