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The Litigator
AGM :: Affleck Greene McMurtry LLP


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CASL Crunch: Kellogg’s Pays $60k

Kellogg’s has agreed to pay $60,000 and undertook to ensure that it, and its third party email marketers, comply with Canada’s Anti-Spam Law (CASL). Kellogg’s was alleged to have sent emails without consent of the recipient during two and a half months in 2014, the CRTC said in a statement. CASL permits the CRTC to negotiate settlements with businesses by accepting an “undertaking”, which typically includes adopting a compliance program and paying a voluntary fine. By entering into an undertaking, business can avoid fines of up to $10 million, and, starting in July 2017, class actions. Kellogg’s is the fourth undertaking ... [more] Full article

Complying with CASL: CRTC Releases Information Bulletin

Just in time for the coming into force of Canada’s new anti-spam legislation (“CASL”) on July 1st, the Canadian Radio-television and Telecommunications Commission (“CRTC”) has published a set of guidelines ... [more] Full article

CASL is Coming. Are You Prepared?

Canada’s strict new anti-spam legislation is coming in just three weeks. Is your business prepared? Widely considered to be some of the toughest commercial electronic messaging legislation in the world, ... [more] Full article

Canada’s Anti-Spam Law

Canada’s new Anti-Spam legislation, commonly known as “CASL”, establishes an “opt-in” regime by making it presumptively unlawful to send a commercial electronic message (CEM), unless the recipient has consented to receive it, and the sender includes certain information and an unsubscribe mechanism. CASL applies to anyone who uses email for any commercial purpose. Violators face heavy sanctions, including fines up to $10 million, and private damages actions. Most of CASL’s provisions come into force on July 1, 2014. [more] Full article

CASL / Anti-Spam Contributors

W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

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