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We are pleased to announce that Ben Hanuka was successful as counsel in an appeal to the Court of Appeal for Ontario in an exclusive use dispute on behalf of Royal Paan, a Brampton-based franchisor of Indian-food restaurants with locations across Canada.

The Court of Appeal set aside all portions of the order of the judge of the Superior Court which, among other things, granted exclusive use rights for an Indian/Punjabi restaurant to another unit owner in a commercial condominium plaza in Brampton.

The appeal was successful in part based on fresh evidence that Law Works submitted to the Court of Appeal showing that the other unit owner had already leased out its units to other tenants and was therefore unable to use the units as restaurants.

Here is a link to the Court of Appeal decision, released on July 18, 2019: Click here

Law Works Dispute Resolution Law Firm

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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)