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In December 2015, the leading US-based hotel management publication, Hotel Business Review, published an article written by Ben Hanuka, titled: “Conflicts Between Franchise Agreements and Operating Manuals: A Canadian Perspective”.

In the article, Ben analyzes the sometimes difficult interplay between provisions in a franchise agreement and an operations manual, particularly in a mature hotel franchise system.

Established hotel franchise systems tend to have operating manuals with extensive requirements relating to virtually every aspect of the operation of the hotel, from the brand and quality assurance, to the use of technology.

Disputes may arise between franchisors and franchisees when operating standards are in conflict with express or implied provisions in a franchise agreement. For instance, this conflict may arise when a franchisor seeks to amend a provision in an operating manual which conflicts with an existing provision in a franchise agreement.

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For more information about Law Works’ expertise and how we may be able to help you, please contact Ben Hanuka athttps://www.lawworks.ca/book-a-consultation or by phone at (855) 716-6497.

Ben Hanuka Principal of Law Works PC (Ontario), Ben Hanuka PC (Alberta) and Law Works LC (British Columbia)

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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)