Archive for the 'Publications' Category
December 9, 2021
On December 8, 2021, the CRTC announced that global apparel retailer Gap Inc. (Gap) had agreed to a settlement to pay $200,000 for allegedly violating Canada’s federal federal anti-spam legislation (CASL) (see: Gap Inc. agrees to pay $200,000 for allegedly violating Canada’s anti-spam legislation).
December 8, 2021
We are pleased to announce the launch of a new CASL (anti-spam law) precedent available for sale and download: CASL Corporate Compliance Program.
December 7, 2021
Destination contests/sweepstakes (i.e., trip contests) are popular seasonal marketing tools used by many clients and businesses to increase sales during the holidays and winter season. They often include ski, spa, beach and other snow-bird travel packages to popular Canadian and international destinations.
December 5, 2021
Do you need checklists and precedents to help your company or organization comply with the express consent requirements of Canada’s federal anti-spam legislation (CASL)?
December 2, 2021
The federal Competition Act can apply to many trade and professional association activities in Canada, including board and membership meetings, membership criteria and discipline, member surveys and benchmarking, association codes of conduct and dealings with suppliers and customers. While trade associations can, and frequently do, serve many legitimate purposes, since trade and professional association activities typically involve direct interaction between competitors, it is prudent for association executives, members and their advisors to take basic steps to proactively reduce potential competition law risk.
November 26, 2021
Practical Law Canada Competition, of which I am a Lawyer Editor, has published a new Legal Update, which discusses a recent decision by the Federal Court to dismiss a motion for certification of a class action in relation to sections 45 and 46 of the Competition Act. Below is an excerpt with a link to the full Legal Update.
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This Legal Update discusses a decision by the Federal Court to dismiss a motion for certification of a class action in relation to sections 45 and 46 of the Competition Act, R.S.C. 1985, c. C-34. The Court dismissed the motion by holding that the plaintiffs failed to sufficiently prove the existence of an express or tacit conspiracy agreement between the defendants and, therefore, failed to disclose a reasonable cause of action or raise a common question of law or fact, which are essential to certify a class action under Rule 334.16(1) of the Federal Courts Rules, SOR/98-106.
November 18, 2021
On November 8, 2021, the CRTC released its bi-annual CASL Enforcement Report, which reports that over 154,406 complaints (5,939 per week) were submitted to the Spam Reporting Centre (SRC) between April 1 and September 30, 2021. Of these complaints, 88% reported that the sender did not have consent and 71% reported that the electronic communication were related to affiliate marketing or legitimate businesses selling or promoting the sale of a good or service. In our experience, these compliance errors, particularly non-compliant CASL consent, are common among organizations involved in digital marketing.
November 15, 2021
The Supreme Court of British Columbia recently declined to certify a proposed class action claim based on section 45 of Canada’s federal Competition Act (criminal conspiracy offences) on the basis that section 45 only applies to downstream (i.e., sell-side) agreements between competitors and not to the upstream (i.e., buy-side agreements) Tim Hortons franchise agreements being challenged in this case.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
