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Consequences of Franchise Terminations and Settlement Options
By: Ben Hanuka, Law Works Editor: Rebecca Colley, Law Works There are several areas that parties to a franchise agreement should pay close attention to when...
Ben Hanuka
Principal of Law Works PC (Ontario)/Law Works
LC (British Columbia)
- Member of the Ontario and British Columbia Bars
- JD and LLM (1996 and 2015) degrees from Osgoode Hall
Law School in Toronto - Certified by the Law Society of Ontario as a Specialist in Civil Litigation
- Acted as counsel in many leading franchise court decisions
in Ontario over the past twenty-five years - Holds arbitration certification qualifications
- Frequent writer and presenter about franchise and commercial disputes
Ben Hanuka’s practice focuses on commercial and franchise dispute resolution, as well as advising corporate and franchise parties on regulatory compliance.
He has acted as counsel in leading Ontario franchise court decisions that span more than twenty-five years. He writes frequently about franchise disputes and commercial arbitration.
From 2002 to 2008, he served as founding chair of the Joint Subcommittee of Franchising of the Ontario Bar Association (OBA) – the predecessor to the the Franchise Law Section. Ben also served as chair of the Civil Litigation Section of the OBA from 2004 to 2005, and chair of Professional Development of the OBA from 2005 to 2006.
Ben’s Story
How I got into franchise litigation
I started practising law in Toronto in 1998. Very early on in my career, I was approached by a much older franchise consultant who had returned to Toronto after running his business in the United States.
He consulted with independent business owners about operational problems and how they might franchise their businesses. Working with him gave me an understanding of how stores are run and what it takes to build a successful franchised business.
A Trailblazer in Franchise Litigation
Back in those days, there was no franchise legislation in Ontario. Franchise law was based on franchise agreements and common law, and there were few lawyers working in this area.
Getting into franchise law was hard. As a litigator, the stakes were always high for both franchisors and franchisees. It took me a long time and a lot of hard work to start to really understand the ins and outs and the unwritten nuances of franchise disputes.
Over the first decade of my practice, I held many litigation and franchise leadership positions within the Ontario Bar Association (OBA), including as chair of Professional Development.
Commercial Litigation
Commercial litigation has been an important part of my practice from the start of my career. I have worked on many commercial disputes, and specifically those involving commercial real estate.
Testimonials
What people are saying
Five star rating
Qualifications and Expertise
Ben has taught civil litigation at the Law Society of Ontario, chaired and presented at numerous legal continuing education programs, and served on many Bar committees and executives.
He is member of the Chartered Institute of Arbitrators, and Toronto Commercial Arbitration Society. He is listed in the Best Lawyers in Canada and Lexpert Canadian Legal directories as a leading franchise practitioner.
- J.D. (Osgoode Hall Law School), 1996
- Called to the Ontario Bar, 1998
- LL.M. (General, emphasis on advocacy; Osgoode Hall Law School), 2015
- Called to the British Columbia Bar, 2017
- FCIArb (Fellow, Chartered Institute of Arbitrators, England)
- Listed as a leading practitioner in Franchise Law in the Canadian Lexpert Directory and Best Lawyers in Canada peer-reviews
- Certified by the Law Society of Ontario as a Specialist in Civil Litigation
Member of the following qualification-based arbitration and ADR professional associations:
- Chartered Institute of Arbitrators (CIArb), based in London, England
- Toronto Commercial Arbitration Society
Publications
Ben is a prolific writer, publishing articles about commercial and franchise disputes. Legal publications and business media regularly seek his input about franchise disputes.
On franchise law, many of Ben’s articles have been published in legal newspapers such as The Lawyer’s Daily, as well as numerous continuing legal education papers for legal associations and regulatory bodies.
He has been cited and provided commentary many times in the Globe and Mail, Toronto Star, Financial Post and other Canadian newspapers and trade publications.
On civil litigation and commercial arbitration, Ben has in-depth journal articles published in prestigious legal journals, including The Canadian Arbitration and Mediation Journal, The Advocates Quarterly and The Annual Review of Civil Litigation.
In addition to his writing, Ben has presented at many legal and industry programs, such as the Law Society of Ontario, the Law Society of British Columbia-Continuing Legal Education, the Canadian Bar Association-British Columbia, the Ontario Bar Association, the Canadian Franchise Association, and CanArb Week (ADRIC).
Speaking Engagements
Ben is an active presenter on franchise disputes and arbitration to lawyers and industry professionals in Ontario and British Columbia. The following is a sample of his recent speaking engagements:
- Roundtable Moderator, 19th Annual Franchise Law Conference, OBA (2020)
- Speaker, Franchise Update 2020, The Continuing Legal Education Society of British Columbia, Vancouver
- Co-Speaker, Franchise Law Day, Canadian Franchise Association (2020)
- Speaker, ADR Institute of Canada, Canadian Arbitration Week (2020)
- Speaker and Organizer, Canadian Bar Association – British Columbia Branch, Vancouver (2020)
- Speaker, Franchise Law Day, Canadian Franchise Association, Toronto (2019)
- Speaker, Annual Franchise Law Conference, Ontario Bar Association, Toronto (2018)
Recent Blog Posts
- Franchisee|
- Franchisor|
The Canadian Duty of Good Faith in Hotel Renovations Disputes Post-Pandemic
This article, written by Ben Hanuka, originally appeared in the December 2022, issue of Hotel Business Review. By Ben Hanuka, Law Works PC (Toronto)/Law Works LC (Vancouver)*...
- Franchisee|
- Franchisor|
Resolving Franchise Disputes: How Mediation and Arbitration Differ
By: Ben Hanuka, Law Works Editor: Rebecca Colley, Law Works In our earlier article about franchise mediation, we provided an overview of the key features and...
