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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 two decades
  • 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 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.

BensStory

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.

TrailblazerInFranchise

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.

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Testimonials

What people are saying

Five star rating

Ben Hanuka and his team are professional and knowledgeable [in] franchise law. He has been instrumental in winning my case all the way to the Supreme Court of Canada.

F. Mendoza, Google Review

I can without hesitation recommend Ben and associates as: ethical, diligent, client-focused, direct, and forthcoming to a fault. They allow the client to be aware of their options with realism - no sugar coating. Five stars in my book.

Sam Davis, CEO, International News, Ontario

Thank you for all your help with redoing our Disclosure Document as well as all the legal work you provide our organization. Your work and knowledge as a franchising lawyer has to be in the top 3 in Canada.

Andrew Hrywnak, President, Print Three Franchising Corp

I have been relying on Mr. Hanuka’s legal expertise for over 10 years for my corporate, professional and personal matters in Ontario. His attention to detail and knowledge of Ontario and Canadian laws are vast. His concept and execution of the law is clear, concise, and efficient, especially in areas of litigation.

Dr. Norman Kwan, Dentist and Owner, Biomedical Implant Technology Inc., Ontario

Law Works helped us with some work with our Franchise organization and they were super helpful… The consultation was priceless. Highly recommend for other Franchisees to chat with these folks.

Martin Fiesel, Regional owner/franchisee, home inspection franchise, Alberta

I have worked with many businesses, including law firms, and Law Works was one of those that offered exceptional service in a very efficient manner at all times. I have always been extremely satisfied with the work that has been completed and would not hesitate to recommend them to anyone.

Dr. Lorraine Vosu, Clinical Director, Toronto Hearing Services, Ontario

Ben Hanuka and his team at Law Works provided me with first-rate service. Their advice was timely, cost-effective and critical to the success of our claim.

Jeremy H. H. Hockin, Partner, Parlee McLaws LLP, Edmonton and Calgary

Qualifications and Expertise

Qualifications

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 devil is in the details: gathering evidence to bolster your case

Authors: Ben Hanuka, Principal Anthony Pugh, Associate Dan Charzewski, Paralegal/Litigation Clerk Edited by: Rebecca Colley, Digital Marketing Manager   In franchise disputes, it is critical for parties...

Ben Hanuka Principal of Law Works PC (Ontario)/Law Works LC (British Columbia)

  • Commercial/Real Estate|
  • Lawyer|

Supreme Court clarifies legal test of “private taking” in land rights disputes with public authorities

By: Ben Hanuka, Law Works PC/LC The Supreme Court of Canada has released a ground breaking decision about the law of “constructive taking” in land rights disputes...

Ben Hanuka Principal of Law Works PC (Ontario)/Law Works LC (British Columbia)

  • Lawyer|

Franchise law: Three important appeal decisions (Part III)

This article, written by Ben Hanuka, originally appeared in the August 15, 2022, issue of The Lawyer’s Daily. By: Ben Hanuka This is the third of a...

Ben Hanuka Principal of Law Works PC (Ontario)/Law Works LC (British Columbia)