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.
November 15, 2021
Do you need a precedent to run a skill-based contest/sweepstakes in Canada (e.g., a photo, essay or other type of skill-based contest/promotion)? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including our Skill Contest Package.
November 7, 2021
Over the past few years, one of the trends that we have been seeing with our advertising and marketing clients (both brands and agencies) is an increased move in some cases to participate in a contest or other type of promotion, with a third party being responsible for the majority of the marketing and administration of the promotion. Some examples include franchisors with franchisees conducting the majority of a promotion, major brands that partner with influencers and brands that partner with other co-sponsors or prize sponsors.
November 5, 2021
Do you need checklists and precedents to help your company or organization comply with the sender identification and unsubscribe requirements of Canada’s federal anti-spam legislation (CASL)?
October 28, 2021
Practical Law Canada Competition, of which I am Lawyer Editor, has published a new Legal Update, which discusses a recent speech by the Commissioner of Competition calling for modernization of Canadian competition law. Below is an excerpt with a link to the full Legal Update.
October 15, 2021
Do you need a precedent for short rules (i.e., “mini-rules”) for running a random draw contest/sweepstakes in Canada? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including our Short Rules (Random Draw Contest) precedent.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
