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We are pleased to announce that the Ontario Superior Court in London, in a decision released last year (which came to our attention only recently) quoted with approval Ben Hanuka’s article, “Two roads to obtaining injunctive relief”, published in The Lawyer’s Daily in October 2016.
In the decision, Allied Accounting et al v Pacey, 2017 ONSC 4388, the Court accepted Hanuka’s observations about common exclusions of some legal remedies, like injunctions, from arbitration agreements:
[28] Second, it is not unusual for certain disputes to be excluded from a provision requiring the use of an alternative method of dispute resolution. As lawyer Ben Hanuka noted in a 2016 article:
It is common in some types of arbitration agreements to exclude interlocutory injunction remedies and leave them to the jurisdiction of the court. Sometimes, the exclusion is discretionary at the election of one or both of the parties to the agreement.
[29] The observation makes good sense. A party alleging a breach of a confidentiality or non-competition provision often alleges immediate and irreparable harm. An arbitration agreement may, as it does here, contain a detailed and potentially time consuming process for the selection of an arbitrator that may unduly impede the pursuit of an urgently needed interim or interlocutory remedy.
We are honoured to play a small role in providing the legal profession and the administration of justice with relevant arbitration commentary.
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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)
