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We are pleased to announce that in the important court decision about civil procedure released last Thursday, March 12, 2015, 1870553 Ontario Inc. v. Kiwi Kraze Franchise Co. Ltd., Ben Hanuka acted as counsel for the successful parties.
The decision is in the context of a franchise dispute but transcends franchise law. It addresses the civil procedure interplay between often conflicting procedures and legal principles relating to (i) summary judgment motions on the one hand, and (ii) the discovery process on the other hand.
This subject is particularly relevant in the post Hryniak v. Mauldin Supreme Court of Canada decision last year, which requires a “culture shift” in the administration of justice to embrace summary judgment motions as a mainstream option to improve access to justice.
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.
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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)
