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Franchise Law Services  |  Arbitration and Mediation

Arbitration and Mediation

An Alternative to Court to Resolve Franchise Law Disputes

Costly, acrimonious disputes can occur even with the best written Franchise Agreements in place. Alternatives to court, including Arbitration and Mediation, can resolve issues faster, and avoid many costs associated with court proceedings.

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How Law Works Helps You with Arbitration & Mediation

In franchise disputes requiring arbitration or mediation, Law Works' principal, Ben Hanuka, is available to act as arbitrator or mediator.

Experience & Expertise

Ben has over two decades of experience as a commercial litigator with deep expertise in franchise disputes, having acted as counsel in many leading Ontario franchise court decisions. In his litigation cases, Ben has represented franchisors and franchisees, thereby understanding both sides of the dispute and able to act as an impartial arbitrator or mediator.

ExperienceandExpertise

Arbitration & Mediation Certification,
Training and Qualifications

Ben has extensive training and qualifications to act as arbitrator of franchise disputes, including:

  • FCIArb designation (Fellow, Chartered Institute of Arbitrators),
  • Gold Standard Course in Arbitration by the Toronto Commercial Arbitration Society (TCAS),
  • A member of TCAS, among other arbitration and alternative dispute resolution organizations.
ArbitrationCertification

Law Works - Important
Arbitration & Mediation Cases

Arbitration Involving Franchisor’s Affiliates

Adlakha v. Meehan (2011)

Case Synopsis

The first court decision holding that a franchisor’s affiliates, which are not parties to the franchise agreement, may be required to submit to arbitration together with the franchisor (Lick’s Burgers) – even though they are technically not direct parties to the arbitration agreement.

Arbitration Involving Franchisee’s Principals

Kanda Franchising Inc. and Kanda Franchising Leaseholds Inc. v. 1795517 Ontario Inc. (2017)

Case Synopsis

Law Works represented the franchisor in this case in a dispute with its franchisee. The franchisor took the position that the arbitration provisions in the franchise agreement applied and that the franchise dispute had to be arbitrated outside of court. The court ruled that the arbitration agreement did not apply because other parties were involved in the dispute, i.e., the individual principals of the franchisee and affiliates of the franchisor, who were not signatories to the arbitration agreement.

Ben Hanuka’s Arbitration Articles and Continuing Legal Education Speaking Engagements

Arbitration Articles in Peer-Reviewed Legal Journals

  • Author, “Non-Signatories in Franchise Arbitrations” (2019) 27:2 Canadian Arbitration and Mediation Journal 13
  • Author, “Franchise Arbitrations in Ontario: Principles of Commercial Arbitration and Nuances of Specialized Disputes” (2015) 24:1 Canadian Arbitration and Mediation Journal 9
  • Author “Franchise Arbitrations in Ontario: Principles of Commercial Arbitration and Nuances of Specialized Disputes”, Canadian Arbitration and Mediation Journal (published by the ADR Institute of Canada), Spring/Summer 2015

 

Arbitration Articles Cited in Court with Approval

  • “Two Roads to Obtaining Injunctive Relief”, published in The Lawyer’s Daily in October 2016, cited in Allied Accounting et al v Pacey, 2017 ONSC 4388

 

Arbitration Continuing Legal Education and Industry Programs

  • Roundtable Moderator, “Navigating Multi-Party and Multi-Proceeding Arbitration Issues”, 19th Annual Franchise Law Conference, OBA, November 30, 2020
  • Speaker, “Confidentiality, Consolidation and Concurrent Disputes”, ADR Institute of Canada, Canadian Arbitration Week, September 23, 2020
  • Co-Chair, “Franchise Arbitrations: Strategies, Tactics and Dangers” dinner program, OBA, February 2009

 

Arbitration Articles in Legal Media

  • Author “Franchise Arbitrations: Concurrent Claims, Affiliates and Multiple Parties” The Lawyer’s Daily, September 23, 24, 2020
  • Author, “Court Boosts Arbitral Agreements”, The Lawyers Weekly, March 31, 2017
  • Author, “Two Roads to Obtaining Injunctive Relief”, The Lawyer’s Daily, October 27, 2016
  • Author, “When to Choose Arbitration Over Summary Judgment”, The Lawyers Weekly, April 1, 2016
  • Author, “Reasonableness and the Law” The Lawyers Weekly, December 11, 2015
  • Author, “Backing Out is Hard To Do”, The Lawyers Weekly, October 30, 2015
  • Author, “Different Standards for Labour, Commercial Arbitration”, The Lawyers Weekly, September 18, 2015