LESA interview with Ben Hanuka about his background in franchise litigation

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LESA recently interviewed Ben Hanuka in advance of his presentation, “Franchise Terminations & Rescissions: What You Don’t Know Can Hurt You”, to their membership on October 10, 2024.   

Ben is the Principal of Law Works, 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). 

The transcript of the interview published below sheds some light on his background and current practice.  

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? 

Ben mentioned that he enjoys the challenge of practicing law, particularly in analyzing complex facts to construct the narrative of a case. He also appreciates working with counsel and observing how a case can be framed from multiple perspectives. 

“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.”