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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 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. (35 Posts)

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

Feb 17, 2021

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

Facility Image Programs: Disruption Brings Opportunities

Jan 11, 2021

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

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

Dec 23, 2020

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.

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

Nov 26, 2020

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

Amendment to Ontario Franchising Legislation

Aug 28, 2020

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

Update: Ontario Resumes Limitation Periods and Procedural Deadlines

Aug 25, 2020

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

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

May 13, 2020

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

Managing Disputes During COVID-19

Apr 21, 2020

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

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

Mar 30, 2020

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

COVID-19: Ontario Suspends Limitation Periods and Procedural Deadlines

Mar 22, 2020

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

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

Feb 19, 2020

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.

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

Jan 31, 2020

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

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

Nov 8, 2019

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

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

Jun 7, 2019

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

Franchise Law Webcast: Trends Affecting Franchise Systems Operating in Canada

Apr 25, 2019

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.

Five Key Takeaways from the 18th Annual Franchise Law Conference

Dec 29, 2018

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,

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

Nov 2, 2018

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.

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

Jul 10, 2018

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

SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

Jun 15, 2018

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

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

Feb 1, 2018

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

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

Nov 29, 2017

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

Changes to Ontario’s Franchise Legislation Are Underway

Oct 3, 2017

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

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

Jul 11, 2017

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

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

Jun 9, 2017

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

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

May 29, 2017

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

New Act Modernizes Ontario’s International Arbitration Regime

Apr 10, 2017

New Act Modernizes Ontario's International Arbitration Regime

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

Mar 3, 2017

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

Franchise Legislation has Arrived in British Columbia

Oct 6, 2016

Franchise Legislation has Arrived in British Columbia

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

Aug 24, 2016

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

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

Aug 9, 2016

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

Big Changes Coming to Canadian Franchise Legislation

Apr 25, 2016

Big Changes Coming to Canadian Franchise Legislation

Franchise Legislation is Coming to British Columbia

Nov 13, 2015

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

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

Jul 23, 2015

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

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

Nov 21, 2014

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

The Essential Guide to Settlement in Canada

Dec 18, 2013

The Essential Guide to Settlement in Canada