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We are pleased to announce that Ben Hanuka successfully represented a real estate brokerage in the Court of Appeal for Ontario last week. In siding with the real estate brokerage, the Court of Appeal dismissed the appeal of former clients of the real estate brokerage and who were seeking to overturn a trial judgment against them.
The trial judgment awarded the real estate brokerage damages in the amount of $250,000, as commissions on a buyer’s representation agreement on the purchase of industrial land in Mississauga, in addition to HST, interest and legal fees. The former clients of the real estate brokerage alleged that the initial in the buyer’s representation agreement was forged. The trial judge held that the initial was not forged and that the real estate brokerage was entitled to its commissions. The Court of Appeal upheld the trial judgment.
Here is a link to the Court of Appeal decision, released on March 16, 2023: Re/Max Realty Specialists Inc. v. 2452303 Ontario Inc., 2023 ONCA 186
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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)
