Principal, Arbitrator and Mediator
Toronto – Calgary – Vancouver
Click here to learn more about Ben Hanuka’s arbitration bio.
Ben 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 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.
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.
Ben 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.
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 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.
Five star rating
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.
Member of the following qualification-based arbitration and ADR professional associations:
Arbitrator/Panelist, Vancouver International Arbitration Centre (VanIAC) – Domestic Expedited Procedure Panel
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).
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:
Most franchise disputes are not won or lost on the strength of legal arguments. The outcomes of franchise disputes (and, indeed, the vast majority of all cases) often hinge on the evidence that the parties to the dispute put forward, and,...
Territorial disputes can be disruptive conflicts in franchise systems. They can derail relationships and expose both franchisors and franchisees to significant risk. For lawyers advising either side,...
If you are a lawyer with franchise clients, a Franchise Disclosure Document (FDD) is bound to land on your desk at some point. An FDD is a...
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