W. Brad Hanna, FCIArb.

Partner


Toronto

Tel : 416.865.7276
Fax : 416.865.7048

Email : brad.hanna@mcmillan.ca
VCard : vcard

Professional Experience Brad is a partner in the firm's Litigation Group. Benchmark Canada ranks him as a "Litigation Star" for commercial litigation, international arbitration and intellectual property disputes. Global Arbitration Review includes Brad as a "Lawyer to Know" in its GAR 100 Guide. He is Co-Chair of the firm's Franchising & Distribution Group and a member of the firm's Professional Services Committee.

Brad has represented clients before all levels of courts in Canada, including the Supreme Court of Canada, as well as before domestic and international arbitration tribunals.

Brad's practice primarily consists of complex corporate commercial litigation. He has extensive experience in handling franchise and distributorship disputes, intellectual property disputes, internet disputes, commercial fraud, environmental litigation and a wide range of contractual and business relationship disputes. In addition to Canadian clients, he routinely represents American and other foreign entities that are parties to disputes in Canada.

Brad routinely advises and represents foreign and domestic manufacturers who are terminating relationships with distributors and franchisees. He has handled close to a hundred such disputes, including those involving claims of wrongful termination, breach of contract, bad faith, fraud, misrepresentation, intellectual property infringement, breach of non-compete and confidentiality covenants, licensing issues and competition law. Brad has represented numerous automotive clients in this context, including Honda, Mercedes-Benz, Mitsubishi, and Subaru.

Brad has acted in numerous internet-related cases, including cases involving ICANN, "cybersquatting", internet defamation and other violations of intellectual property. He represents clients in trade-mark and copyright disputes and cases involving misappropriation of trade secrets and confidential information.

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's practice includes representing both plaintiffs and defendants in civil environmental actions and he also regularly defends corporations who have been charged under a variety of environmental statutes and other regulatory laws.

He has class action experience in defending cases involving breach of contract and fiduciary duties, misrepresentation and patents.

Brad also has extensive experience in alternative dispute resolution techniques. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb.) and routinely acts as counsel in private and court-annexed mediations, international and domestic commercial arbitrations and NADAP proceedings. Additionally, he has served as a professor adjunct teaching Alternative Dispute Resolution at both Osgoode Hall Law School in Toronto (2004 to 2007) and the Faculty of Law at Queen's University (1998 to 2004).

Awards
  • 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
  • Advocates' Society award for attaining the highest grade in the Administrative Law component of the Bar Admissions Course
  • 2002 Leadership in Mentoring Award

publications and presentations

Brad has spoken and written on a range of subjects and issues, including summary judgment, internet law, internet defamation, alternative dispute resolution, responding to search warrants and environmental investigations, managing distribution networks, terminating distributors, dealers and franchisees, franchise law, handling the media in crisis situations and class actions. In addition to numerous articles on the above-noted subjects, Brad co-authored a book on Arbitration law in Canada, wrote the Canadian Chapter for Kluwer Law International's book on International Franchising, and wrote a chapter on complex, multi-party settlements for a book on settling business disputes to be published by Lexis-Nexis in 2013. He has given presentations on evidence and cross-examinations in arbitration and on motions advocacy for the Advocates' Society and on conflicts of interest for the Law Society of Upper Canada.

June 2012
dramatic expansion of liability for franchisors in Canada – the duty to promote and enhance your brand
litigation bulletin
December 2011
a "fresh" approach to summary judgment: the Ontario Court of Appeal creates new "full appreciation" test
litigation bulletin
December 2011
no franchise disclosure document required: Ontario Court of Appeal considers the one-year term/no franchise fee exemption
litigation bulletin
October 2011
international commercial arbitration awards – no deference on questions of jurisdiction
litigation bulletin


  • automotive
  • environmental
  • health
  • intellectual property and technology law
  • international arbitration and litigation
  • litigation and dispute resolution

  • Fellow of the Chartered Institute of Arbitrators (CIArb)
  • Founding Member of the Toronto Commercial Arbitration Society and Member of its Liaison Committee
  • Canadian Bar Association (Ontario)
  • American Bar Association (Civil Litigation)
  • Association of Trial Lawyers of America
  • Advocates' Society
  • Metropolitan Toronto Lawyers Association
Called to the Ontario bar - 1994

University of Ottawa, LLB (graduated Dean's List, magna cum laude) - 1993

University of Waterloo, Honours Environmental Studies (graduated Dean's List, Top of Class) - 1989