Article Content

Other than rescission, Ontario and the four other Canadian provincial franchise statutes (Alberta, PEI, New Brunswick and Manitoba) provide for misrepresentation claims; as well, (with the exception of Alberta) claims for failure to comply with statutory disclosure obligations.

There are serious procedural and practical issues that parties and lawyers should evaluate when considering what claims to bring and how to frame them, and similarly, when defending such claims.

Click here to download Ben Hanuka’s PowerPoint presentation titled, “Misrepresentations and Disclosure Deficiencies”, from today’s continuing legal education program at The Commons Institute, “Practitioners Sessions on Franchise Law”.  The PowerPoint provides an analysis of the key legal issues to assess.

This article is provided for information purposes only. Law Works’ Franchise Law Blog does not provide legal advice.

For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka at https://www.lawworks.ca/book-a-consultation or by phone at (855) 978-5293.

Law Works Dispute Resolution Law Firm

Table of Contents

Interested In Taking a Professional Development Course?

Learn More

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)