Archive for the 'Private Actions' 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.
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).
September 28, 2017
It is relatively uncommon for the Supreme Court of Canada (SCC) to hear competition law cases. However, in an interesting decision handed down earlier today (Canada (Attorney General) v. Thouin), the SCC confirmed the presumption that Crown immunity applies in civil proceedings unless its protection is clearly legislatively overridden.
March 11, 2017
I frequently receive inquires and calls relating to filing a competition, advertising, consumer protection or other regulatory complaint. Companies, individuals or other types of organizations may want to file a complaint relating to a competitor, manufacturer or supplier, retailer or other market participant based on potentially anti-competitive or misleading/deceptive conduct in the marketplace.
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.
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March 8, 2017
On July 1, 2014, Canada’s new federal anti-spam legislation (CASL) largely came into force. Since it was introduced, both the CRTC (the primary enforcement body) and the Competition Bureau have been enforcing the legislation, with penalties to date ranging from $48,000 to $1.1 million. Beginning on July 1, 2017, however, the risks of violating CASL, as well as related sections of PIPEDA (the Personal Information Protection and Electronic Documents Act) and the Competition Act, will be significantly greater. This is because private individuals and organizations affected by a violation of CASL will have a right to commence private actions when sections 47 to 51 and 55 come into force.
August 16, 2016
In an important decision released August 11, 2016, the Ontario Court of Appeal held that the discoverability principle applies to the private actions limitations period section of the Competition Act (the “Act”) (section 36(4)) (see: Fanshawe College of Applied Arts and Technology v. AU Optronics Corporation, 2016 ONCA 621 (“Fanshawe”).
April 10, 2014
Parties in price-fixing, market division and other competition/antitrust cartels can go to some fairly extensive lengths to conceal agreements.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
