Archive for the 'Developments' Category
June 20, 2018
The Ontario Court of Appeal recently issued a significant decision in Mancinelli v. Royal Bank of Canada, 2018 ONCA 544 (C.A.), in which the Ontario Court of Appeal clarified the application of the discoverability principle to the limitation period for private actions commenced under section 36 of Canada’s Competition Act, R.S.C. 1985, c. C-34 (the “Act”) (the section of the Competition Act under which private actions and class actions for violations of the criminal offences of the Act are commenced).
June 5, 2018
The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, “Made in Canada” claims and savings claims (see Bureau releases Deceptive Marketing Practices Digest Volume 4).
May 25, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses the recent decision by the Canadian Government to block the proposed takeover of Canadian construction firm Aecon by China’s CCCI on national security grounds under the federal Investment Canada Act. Below is an excerpt with a link to the full Update.
May 23, 2018
The term of Canada’s current Commissioner of Competition, John Pecman, ends soon. In this respect, the CD Howe Institute’s Competition Policy Council is making two general recommendations for the mandate of the next Commissioner in its new Communiqué entitled Help Wanted: Priorities for a New Competition Commissioner: first, improve the timeliness and efficiency of the Bureau’s operations; and second, ensure that the new Commissioner vigorously pursues his or her mandate to act as an independent, strong and relevant public advocate for competition.
May 22, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses the Competition Bureau’s revised draft Immunity and Leniency Programs, which were recently re-issued for a second time in draft form for public consultation. Below is an excerpt with a link to the full Update.
Are you planning to run a promotional contest (i.e., sweepstakes) in Canada and need contest rules and forms? We can help. We offer a variety of template contest rules and forms for running popular types of contests in Canada.
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.
************
May 2, 2018
On May 1, 2018, the CRTC announced that two ticket resale companies, 9118-9076 Quebec Inc. and 9310-6359 Quebec Inc. doing business as 514-BILLETS, agreed to pay a $100,000 penalty for allegedly violating Canada’s federal anti-spam legislation (CASL) by sending text messages without consent (see 514-BILLETS to pay $100,000 for allegedly violating Canada’s anti-spam law). In particular, 514-BILLETS allegedly sent text messages to recipients without recipients’ consent, identifying the sender or including contact information to contact the sender.
October 29, 2017
On October 26, 2017, the Competition Bureau (the “Bureau”) issued its revised draft Immunity Program for public comments. The Bureau is updating its Immunity Program to reflect recent legal and policy developments (see here).