Volunteers are integral to the success of LESA programs. As we eagerly await LESA’s upcoming webinar, Franchise Terminations & Rescissions: What You Don’t Know Can Hurt You, we would like to thank and spotlight the chair of this upcoming program, Ben Hanuka. We recently reached out to Ben to learn a bit more about his background, his current practice, and why he is inspired to volunteer at LESA.
Ben is the Principal of Law Works Lawyers, specializing in franchise and commercial disputes and providing alternative dispute resolution (ADR) services. Since beginning his legal practice in Toronto in 1998, he has held numerous leadership positions within the Ontario Bar Association, including serving as Chair of Professional Development. An accomplished author, Ben has published articles in legal newspapers such as The Lawyer’s Daily and has contributed extensively to continuing legal education papers for legal associations and regulatory bodies. He is called to the Bars of Ontario (1998), British Columbia (2017), and Alberta (2024).
Meet Ben Hanuka
What inspired you to practice law?
“I grew up in a small town and was fascinated by the idea of representing someone else in court. It seemed like a noble thing to do, and it still seems like that to me. Franchise and commercial litigation, and franchise law as a substantive area, gave me an opportunity to combine my fascination with advocacy and my interest in navigating complex business disputes.”
What motivates you in your practice?
“If my work can help prevent a trial or full arbitration hearing, and instead lead to a successful resolution to a complex franchise dispute, that gives me a lot of satisfaction in my practice. Having said that, there is something special in acting as counsel at a trial or arbitration and I regard that as a special privilege.”
What challenges exist for lawyers working on franchising matters?
Ben noted that the practice area of franchise law can be both challenging and rewarding and requires considerations from numerous areas of law like commercial, tort, statutory interpretation, equity, procedure, and more. He also highlighted the importance of understanding the mindset of franchisors, franchisees, and their respective legal representatives.
“I would say that for those who aren’t specialized in this field, the challenge can be in not always appreciating the risk or the nuances in a situation. For example, drafting a franchise disclosure document can be a minefield if you don’t appreciate the big-ticket items that can void this document. Representing franchisors or franchisees in a dispute can also be challenging because these parties come with different mindsets and interests. You have to advance their positions while also advising them of the risks and framing the case in a way that can resonate with the judge or arbitrator, and also with the other side. In some difficult cases, it can feel harder to persuade one’s own client, be it franchisor or franchisee, than the other side.”
Why Attend Franchise Terminations & Rescissions
Ben emphasized that attending CPD programs and staying current with caselaw is an excellent way to consistently deliver top-quality work for clients. Ben further spoke about the value of networking with fellow legal professionals.
“It provides an opportunity to exchange knowledge, discuss emerging trends, and share practical experiences in a way that enriches everyone involved. It can lead to new insights and approaches to handling complex legal issues. For those practicing as sole practitioners, it can be helpful to see a group of seasoned practitioners who specialize in this field hash out different points of view.”
Topics will include:
- An overview of disclosure obligations under the Franchises Act
- Key requirements of the franchise disclosure document
- Franchise renewals
- Franchise rescission rights, remedies, and damages
- Franchise terminations
Why Volunteer for LESA?
“Volunteering for LESA allows me to contribute to the ongoing education and development of the legal community. It also allows me to work with the speakers of the program, each of whom is an esteemed practitioner in their own right. It is really rewarding to hear their points of view on issues– we don’t usually get these opportunities in the normal day to day practice of law. But the best part is the interaction with program attendees; to hopefully get questions from attendees and to get a sense that the information is helpful to other lawyers – that is the best part of it all.”
Franchise Terminations & Rescissions:
What You Don’t Know Can Hurt You
Find program details below, with more information on topics and faculty on the program page.
Date: October 10, 2024, 12:00PM – 3:30PM
Price: $315 (General) | $283.50 (New Lawyer) | $236.25 (Student)
