Ben V. Hanuka

For nearly fifteen years, Ben Hanuka has advised and represented businesses and professionals on a wide range of commercial disputes.  Ben’s current and developing areas of concentration are: (i) advising and representing franchisors, franchisees and other industry players in cases of franchise disputes, franchise class actions and franchise disclosure, (ii) analyzing developing issues in securities disclosure and securities class actions, and (iii) advising and representing creditors in the financial markets in cases between debtor-creditor.

In the area of franchise disputes and franchise disclosure, Ben is a leader in the field.  He has deep and extensive knowledge of franchise law and a unique understanding of the related business problems.  In court or arbitration, Ben has consistently achieved top results for his clients through superior advocacy skills, business “know-how” and creative legal thinking that gets to the heart of the matter. He is listed as a leading practitioner in franchise litigation in the Canadian LEXPERT Legal Directory.  He has acted as counsel in leading disclosure decisions that helped shape Ontario franchise disclosure law.  For example:

  • The first Ontario decision, frequently cited by lawyers and judges, defining what constitutes disclosure of a material fact for a rescission.  Case name:  1518628 Ontario Inc. v. Tutor Time Learning Centres LLC (2006), 150 A.C.W.S. (3d) 93 (Ont. Superior Court of Justice, Mr. Justice Cumming)
  • The first Ontario franchise disclosure class action.  Case name: Al-Harazi v. Quiznos (2007) 49 C.P.C. (6th) 191, 159 A.C.W.S. (3d) 192 (Ont. Superior Court of Justice, Mr. Justice Cullity), involving a class of 200 franchisees relating to site selection and franchise deposits.
  • The first Ontario decision, frequently cited by lawyers and judges, defining what is a materially deficient disclosure document.  Case name: Sovereignty Investment Holdings Inc. v. 9127-6907 Quebec Inc. (Houston Steaks), (2008) 303 D.L.R. (4th) 515, 54 B.L.R. (4th) 277 (Ont. Superior Court of Justice, Mr. Justice Wilton-Siegel)
  • Most recently: The first Ontario decision dealing with franchise disclosure and rescission rights that are intertwined with bad-faith conduct in a prolonged renewal process.  Case name: 1159607 Ontario v. Country Style Food Services, 2012 ONSC 881 (Ont. Superior Court of Justice, Madam Justice Mesbur)

Ben Hanuka’s Broad Litigation Experience: As a seasoned litigator, Ben is proud of his broad-ranging experience in cases involving debtor-creditor rights, class actions, lease agreements, professional negligence, trademark-infringement, shareholder and partnership arrangements, joint ventures, alleged misrepresentations in the sale of businesses, insolvencies and receiverships, and civil procedure.

Ben Hanuka’s Professional Development Leadership: Finally, Ben is committed to professional development and leadership in the litigation field.  Ben has served as chair of professional development of OBA and member of the OBA Executive, member of the Federal Court of Canada Bench & Bar Liaison Committee of the Canadian Bar Association in Ottawa (CBA), past chair of the Civil Litigation Section (OBA), and vice-chair of the National Civil Litigation Section (CBA). In 2002, Ben founded the Joint Subcommittee of Franchising of the Ontario Bar Association (now the Franchise Law Section), and served as its chair until 2007/2008.  Ben has also taught civil litigation at the Bar Admission Course of the Law Society of Upper Canada. He has chaired and presented at numerous programs and has written many articles.