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Brad Hanna is a talented litigator with a practice focused on complex corporate commercial litigation. A leader of our Litigation & Dispute Resolution and Franchising & Distribution groups, Brad represents leading companies in the franchising and distribution, manufacturing and automotive sectors before all levels of courts in Canada including the Supreme Court, and at domestic and international arbitration tribunals.

Acting in a wide range of matters, Brad works with foreign and domestic manufacturers that are terminating relationships with distributors and franchisees, handling claims of wrongful termination, breach of contract, bad faith, fraud and misrepresentation. Other cases have involved intellectual property infringement, breach of non-compete and confidentiality covenants, as well as licensing and competition law issues. Brad has represented numerous automotive clients in this context, and defended automotive, food, and clothing manufacturers, petroleum suppliers and a national grocer against alleged breaches of franchise legislation, including rescission and breach of the duty of good faith and fair dealing claims. He also has experience in defending class actions in connection with breach of contract and fiduciary duties, misrepresentation and patents.

With significant expertise in internet-related disputes, Brad has acted in cases involving the Internet Corporation for Assigned Names and Numbers (ICANN), cybersquatting, defamation and other violations of intellectual property. His corporate fraud practice encompasses all forms of crimes against the company committed by corporate representatives and unrelated parties. With respect to environmental law, Brad represents plaintiffs and defendants in civil environmental actions, and defends corporations charged under a variety of environmental statutes and regulations.

Also experienced in alternative dispute resolution, Brad is a fellow and executive committee member of the Chartered Institute of Arbitrators (CIArb). He acts routinely as counsel in private and court-annexed mediations, international and domestic commercial arbitrations and National Automobile Dealer Arbitration Program (NADAP) proceedings.



Representative Matters

Recent matters include:

  • Acted for Major League Baseball on a dispute under the Human Rights Code regarding the name and logo of one of its member ball clubs
  • Representing one of the largest cannabis companies in North America in a variety of commercial disputes
  • Representing Miller Brewing Company in a dispute with Molson regarding a Canadian license agreement;
  • Representing Mitsubishi Canada in dealer termination litigation;
  • Represented Johnson Controls in a corporate fraud case brought against several parties by Windsor Casino;
  • Represented GlaxoSmithKline in a patent “evergreening” class action;
  • Represented Magna Companies in an international arbitration involving a joint venture dispute;
  • Representing Sobeys in a franchise termination dispute; and
  • Representing Subaru in dealer termination and intellectual property disputes.

Teaching Engagements

  • Professor Adjunct at Osgoode Hall Law School teaching a course on mediation and arbitration (2004-2007)
  • Professor Adjunct at Queen’s Law School teaching a course on mediation and arbitration (1998-2004)
  • Lectures for Law Society of Ontario and The Advocates’ Society on a variety of civil litigation and arbitration topics, including Evidence in Arbitrations and Summary Judgment

 

News


Rankings & Recognitions

  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Franchise Law
  • Recognized in the 2021 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized in the 2020 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Franchise Law
  • Recognized in the 2020 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized in the 2019 Benchmark Litigation Canada Guide as Litigation Star
  • Recognized in the 2018 Benchmark Litigation Canada Guide as Litigation Star
  • Acritas Star- independently rated lawyer
  • Recognized in the Canadian Legal Lexpert Directory as as Repeatedly Recommended lawyer in the area of Litigation – Corporate Commercial
  • Recognized in the Canadian Legal Lexpert Directory 2016 as a leading lawyer in the area of Litigation – Corporate Commercial
  • Ranked in The Legal 500 Canada 2015 as a leader in the area of Dispute Resolution
  • Benchmark Canada ranks Brad as a “Litigation Star” for commercial litigation, arbitration and intellectual property disputes
  • Global Arbitration Review includes Brad as a “Lawyer to Know” in its GAR 100 Guide
  • Received both entrance and senior year scholarships at the University of Waterloo based on academic performance
  • Award for attaining the highest grade in Constitutional Law at the University of Ottawa
  • The Advocates’ Society award for attaining the highest grade in the Administrative Law component of the Bar Admissions Course
  • 2002 Leadership in Mentoring Award

Directorships & Affiliations

  • Canadian Franchise Association Legal & Legislative Affairs Committee
  • Fellow of the Chartered Institute of Arbitrators (CIArb)
  • Member of the Executive Committee of the CIArb
  • Founding member of the Toronto Commercial Arbitration Society and member of its Liaison Committee
  • Canadian Bar Association (Ontario)
  • American Bar Association (Civil Litigation)
  • The Advocates’ Society
  • Metropolitan Toronto Lawyers Association

Education & Admissions

1994
Called to the Ontario bar
1993
LLB (Dean's List, magna cum laude)University of Ottawa
1989
Bachelor of Environmental Studies (Co-Op, Honours, Dean’s List, Top of Class)University of Waterloo

Publications

Insights by W. Brad Hanna, FClArb. (36 Posts)

Featured Insight

Canada’s new mandatory 100% ZEV target is a rapid charge forward.
What we think this announcement means for OEMs, Canadian industry, and more

Canada has announced a mandatory 2035 target for 100% ZEV sales. McMillan and McMillan Vantage Policy Group share what this may mean for OEMs, industry and more.

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Jul 12, 2021
Featured Insight

‘Why’d Ya Do It?’ The Supreme Court of Canada Explains the Duty to Exercise Contractual Discretion in Good Faith

The SCC recently released its long awaited decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District.

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Feb 17, 2021
Featured Insight

Facility Image Programs: Disruption Brings Opportunities

Generally speaking, automotive OEMs, their independently owned dealerships and ultimate consumers all expect new vehicles to be sold from clean, attractive and modern facilities.

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Jan 11, 2021
Featured Insight

You should have said something: Supreme Court of Canada Holds That Failure to Correct a Mistaken Belief Violated the Duty of Honest Contractual Performance

The authors discuss the Supreme Court of Canada's recent decision in C.M. Callow Inc. v. Tammy Zollinger et. al. regarding the duty of faith.

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Dec 23, 2020
Featured Insight

Ontario Court of Appeal Provides Guidance on Bringing Anti-SLAPP Motions

The Ontario Court of Appeal offers guidance on how courts should approach anti-SLAPP motions brought by defendants.

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Nov 26, 2020
Featured Insight

Amendment to Ontario Franchising Legislation

The Amendment to Ontario's franchise legislation coming into effect on September 1, 2020 brings changes that have been eagerly awaited by franchisors.

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Aug 28, 2020
Featured Insight

Update: Ontario Resumes Limitation Periods and Procedural Deadlines

Ontario limitation periods and procedural deadlines will resume running on September 14, 2020.

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Aug 25, 2020
Featured Insight

9 Things You Should Do Right Now to Protect Your Franchise System During the COVID-19 Pandemic

Tips to help franchisors mitigate risks that may result from the COVID-19 pandemic and how to prepare for future emergency business interruptions

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May 13, 2020
Featured Insight

Managing Disputes During COVID-19

While disputes are an unavoidable risk of doing business, companies need to know how to protect their interests during this time of uncertainty.

Apr 21, 2020
Featured Insight

Caught by Release: Franchisees Can’t Have Their Cake and Eat It Too

New Vision Renaissance MX Ltd. v. The Symposium Café Inc confirms that Ontario Courts will uphold appropriately crafted releases given by franchisees.

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Mar 30, 2020
Featured Insight

COVID-19: Ontario Suspends Limitation Periods and Procedural Deadlines

Ontario Government made an order suspending limitation periods and procedural deadlines in proceedings in Ontario.

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Mar 22, 2020
Featured Insight

An Unsigned Certificate Remains a Fatal Franchise Disclosure Document Flaw in a Post-Raibex World

An Ontario Superior Court decision confirms that an unsigned certificate accompanying a Franchise Disclosure Document can constitute a fatal flaw entitling a franchisee to rescind the agreement.

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Feb 19, 2020
Featured Insight

The Supreme Court of Canada Will Revisit the Duty of Good Faith Six Years After Bhasin

The authors discuss two appeals to the Supreme Court of Canada regarding the scope and nature of the contratual duty of good faith.

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Jan 31, 2020
Featured Insight

Advisory Council Recommends that Ontario Government Clarify Provisions of the Arthur Wishart Act (Franchise Disclosure), 2000

The Ontario government recently established an advisory body called the Business Law Modernization and Burden Reduction Council.

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Nov 8, 2019

Franchisees Cannot Claim Statutory Damages For Misrepresentation When a Franchisor Voluntarily, But Without Obligation, Provides a Disclosure Document

The Ontario Superior Court recently confirmed that a franchisee is not entitled to sue for damages

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Jun 7, 2019
Featured Insight

Franchise Law Webcast: Trends Affecting Franchise Systems Operating in Canada

In this interactive Q&A style webinar, members of our franchise and distribution team will provide an overview of the Canadian legal landscape and recent trends affecting franchise systems operating in Canada.

Apr 25, 2019
Featured Insight

Five Key Takeaways from the 18th Annual Franchise Law Conference

Several lawyers from McMillan’s Franchise Law and Distribution Group presented at the 18th Annual Franchise Law Conference held on October 18, 2018 in Toronto,

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Dec 29, 2018
Featured Insight

A Word of Warning to Franchisors – ADR Provisions May Postpone the Limitation Period for Rescission

In PQ Licensing S.A. v. LPQ Central Canada Inc., the Court' decision hinged on the alternative dispute resolution provisions set out in the franchise agreement.

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Nov 2, 2018
Featured Insight

No Injunction For You – Recent Victory for Franchisors Seeking to Terminate Franchise Agreements

July 2018, a recent decision by the Ontario Superior Court gives guidance to when the courts will refrain from granting interlocutory injunctions to franchisees

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Jul 10, 2018

SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall[1] holds that judges have no business

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Jun 15, 2018
Featured Insight

Ontario Court of Appeal Finds for Franchisors: Imperfect Disclosure is Not Equivalent to No Disclosure

On January 25, 2018 the Ontario Court of Appeal released its eagerly-anticipated decision in Raibex Canada Ltd. v ASWR Franchising Corp.

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Feb 1, 2018
Featured Insight

Changes to Ontario’s Franchise Legislation: Bill 154 Receives Royal Assent

Changes to Ontario's Franchise Legislation: Bill 154 Receives Royal Assent

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Nov 29, 2017
Featured Insight

Changes to Ontario’s Franchise Legislation Are Underway

Changes to Ontario's Franchise Legislation: Bill 154 Receives Royal Assent

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Oct 3, 2017
Featured Insight

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

Release Me: Ontario Court of Appeal Clarifies When Franchisors Can Enforce Releases

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Jul 11, 2017
Featured Insight

Ontario Court of Appeal to Franchisors: “Comply with your disclosure requirements, or else…”

Ontario Court of Appeal to Franchisors: "Comply with your disclosure requirements, or else..."

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Jun 9, 2017
Featured Insight

Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

Changing Workplaces Review Final Report – Who Must Bargain with Franchise Employees?

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May 29, 2017
Featured Insight

New Act Modernizes Ontario’s International Arbitration Regime

New Act Modernizes Ontario's International Arbitration Regime

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Apr 10, 2017
Featured Insight

We’ve Overpaid, Now What? OLRB Confirms Employers’ Obligations in Addressing Pension Overpayments

We've Overpaid, Now What? OLRB Confirms Employers' Obligations in Addressing Pension Overpayments

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Mar 3, 2017
Featured Insight

Franchise Legislation has Arrived in British Columbia

Franchise Legislation has Arrived in British Columbia

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Oct 6, 2016
Featured Insight

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract

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Aug 24, 2016
Featured Insight

From Franchisor to Joint Employer – Update on Potentially Increasing Liabilities of Franchisors for the Employees of their Franchisees

From Franchisor to Joint Employer – Update on Potentially Increasing Liabilities of Franchisors for the Employees of their Franchisees

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Aug 9, 2016
Featured Insight

Big Changes Coming to Canadian Franchise Legislation

Big Changes Coming to Canadian Franchise Legislation

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Apr 25, 2016
Featured Insight

Franchise Legislation is Coming to British Columbia

The long-discussed Franchises Act of British Columbia (the "Franchises Act") is making quick strides to becoming a reality.

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Nov 13, 2015
Featured Insight

Restructuring a Franchise in Crisis: Court Dismisses Former Dealers’ Class Action Against General Motors

Restructuring a Franchise in Crisis: Court Dismisses Former Dealers Class Action Against General Motors

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Jul 23, 2015
Featured Insight

Let’s Be Honest: The New Duty of Good Faith in Contractual Performance

The Supreme Court of Canada issued a landmark decision that dramatically impacts the obligations of all parties to commercial contracts in Canada.

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Nov 21, 2014
Featured Insight

The Essential Guide to Settlement in Canada

The Essential Guide to Settlement in Canada

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Dec 18, 2013