Qualifying/Accredited CPD Hours

Ontario

This program is eligible for up to 6.5 Substantive Hours

This program contains 0 hours and 40 minutes of professionalism hours

Alberta

Include this learning activity in your annual CPD Plan

British Columbia

This program is eligible for up to 6.5 Substantive Hours

The Franchise Arbitration Procedure course is designed to provide solicitors and litigators who represent franchisors or franchisees with an in-depth one-day course on key procedural elements of franchise arbitration.

 

 

 

The course will cover the following topics which will be presented in the context of franchise arbitration:

  • the franchise arbitration process;
  • mediation pre-requisites to commencing claims;
  • choice of law and choice of venue in franchise arbitrations;
  • enforceability of an arbitration agreement against non-signatories;
  • appointing the arbitrator;
  • court intervention (when instituting a proceeding);
  • arbitration evidence and procedure in franchise disputes;
  • drafting and assessing validity of arbitration agreements, and
  • challenging arbitration awards and appeals.

This is a packed one-day course consisting of 6.5 hours of instructional time, case law, practice points, group discussion and an in-class group exercise drafting arbitration agreements.The course will be held over Zoom.  A Certificate of Completion will be issued upon completion.

The course is geared towards practitioners from across Canada practising as corporate/commercial solicitors or litigators representing franchisors or franchisees.

This course is also useful as an intensive introduction to commercial arbitration for general commercial solicitors and litigators who are interested in understanding commercial arbitration procedure.

Admission criteria: Membership in a provincial or territorial Bar in Canada.

Registrants who complete the course will benefit from the following:

  • an in-depth introduction to key aspects of commercial arbitration procedure;

  • typical procedural steps in a franchise arbitration, and

  • unique elements of franchise arbitrations, including per-requisites to commencing a claim, issues surrounding the appointment of an arbitrator, choice of law, non-signatories, evidence, etc.;

  • case law relating to challenging arbitration awards.

  • assessing the enforceability of typical arbitration agreements in franchising;

Ben Hanuka
JD, LLM, CS (Civ Lit), FCIArb, of the Ontario, Alberta and British Columbia Bars

Learn more about Ben Hanuka - Your Program Director and Lead Instructor

Learn More About Ben Hanuka

Ben Hanuka
JD, LLM, CS (Civ Lit), FCIArb, of the Ontario, Alberta and British Columbia Bars

Highlights:

  • JD, LLM (Osgoode '96, '15), C.S. in Civ Lit (LSO), Fellow of CIArb
  • Member of the Bars of Ontario ('98), Alberta (‘24), and British Columbia ('17)
  • Principal of Law Works PC (Ontario), Ben Hanuka PC (Alberta), and Law Works 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
  • Authored articles and presented at continuing professional development programs about Commercial Arbitration. Click here to see more details about Ben Hanuka's articles and CPD activities relating to Commercial Arbitration.
  • 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)




Course Plan:

9:00 am – 9:10 am   Introduction and course overview

9:10 am – 10:00 am   Overview of the franchise arbitration process

Differences and similarities between arbitration and court proceedings in franchise disputes

Unique elements to franchise arbitrations, including procedure and nature of the dispute

Confidentiality in franchise arbitration

Arbitrator’s fees and costs awards

10:00 am – 10:20 am   Mediation pre-requisites to commencing claim

10:20 am – 10:40 am   Choice of law and choice of venue

10:40 am – 10:55 am   Morning Break

10:55 am – 11:15 am   Enforceability of an arbitration agreement against non-signatories (affiliates, principals, etc.)

11:15 am – 12:00 pm   Appointing the arbitrator 

Qualifications

Disclosure of potential conflicts

Interactions with potential arbitrator

Potential institutional bias

12:00 pm – 1:00 pm   Lunch Break

1:00 pm – 1:25 pm   Court intervention (when instituting the arbitration proceeding)

Arbitrator’s jurisdiction

Procedure for objections

Applications for stay

Multiple proceedings

1:25 pm – 1:55 pm   Arbitration evidence and procedure in franchise disputes

Designing the discovery steps

Designing the arbitration hearing

Documentary evidence

Witness and expert evidence

Liability and damages

Injunctions

1:55 pm – 2:10 pm   Afternoon Break

2:10 pm – 3:40 pm   Drafting and assessing validity of arbitration agreements

Discussion of legal requirements and disqualifying components

Group exercise

Discussion of sample clauses and typical conditions in franchise arbitration agreements

3:40 pm – 4:40 pm   Challenging arbitration awards and appeals

Requirements of an arbitration award

Appeals on questions of law and questions of mixed fact and law

Applications to set aside awards

4:40 pm – 5:00 pm   Summary and Q&A