Archive for the 'Developments' Category
January 3, 2019
In a recent case handed down by the Ontario Superior Court of Justice, in Rebuck v. Ford Motor Company, the Court confirmed key requirements for commencing Competition Act misleading advertising based class actions in Ontario. In this case, the plaintiff moved for, and obtained, certification for a class action against Ford Motor Company and its Canadian subsidiary (as well as a dealer) for allegedly misleading purchasers of 2013 and 2014 Ford vehicles in relation to fuel consumption marketing claims.
December 16, 2018
Emond asked me to review their new Canadian competition law text, Competition Enforcement and Litigation in Canada, authored by Antonio Di Domenico.
December 6, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses a recent important Quebec Court of Appeal decision, in which the court increased the penalties in a municipal works bid-rigging case in Quebec. Below is an excerpt with a link to the full Update.
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
************
December 4, 2018
On December 3, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a summary of its anti-spam legislation (CASL) enforcement over the past six months (from April 1, 2018 to September 30, 2018) (Enforcement Highlights). See: Enforcing Canada’s Anti-Spam Legislation (CASL): Actions Carried Out by the CRTC Between April 1, 2018 and September 30, 2018. While CASLhas been in force now for more than four years, the CRTC’s Enforcement Highlights provides a useful snapshot of the CRTC’s CASL enforcement priorities. It is also a useful guide for electronic marketers to key areas of potential anti-spam law related risk. For an overview of CASL, see: Anti-Spam (CASL).
November 14, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses a recent Ontario Superior Court case that considered informer privilege in the context of the Competition Bureau’s Immunity and Leniency Programs. Below is an excerpt with a link to the full Update.
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
************
November 7, 2018
On November 5, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued new guidelines on its enforcement approach in relation to aiding and inducing violations of Canada’s federal anti-spam legislation (CASL) (Compliance and Enforcement Information Bulletin CRTC 2018-415). Importantly, CASL applies not only to those that, for example, send unsolicited electronic messages without complying with CASL’s consent, identification and unsubscribe requirements, but also to anyone that aids, induces, procures any act that violates CASL (CASL, section 9).
November 6, 2018
In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the federal Competition Act (the conspiracy and civil agreements provisions of the Act).
October 15, 2018
My new Canadian Lawyer column discusses the Canadian Competition Bureau’s newly updated Immunity and Leniency Programs.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
