J. Sébastien A. Gittens

J. Sébastien A. Gittens

Bennett Jones LLP

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Potential Privacy Breach Results in the Conditional Certification of a Class Action

On July 27, 2015, the Federal Court conditionally certified a class action with respect to an alleged privacy breach arising from the federal government’s administration of the Marihuana Medical Access Program (the Program)....more

8/25/2015 - Canada Class Action Class Certification Commonality Invasion of Privacy Medical Marijuana Multi-Factor Test

Privacy Commissioners Issue Joint Guidance on Bring Your Own Device Programs

An organization’s information can be put at risk when staff begin to bring their own devices and use them in the workplace. As a result, in such cases, an organization should consider adopting an appropriate “bring your own...more

8/19/2015 - Best Practices Bring Your Own Device Canada Confidential Information Employer Liability Issues Employment Policies Mobile Devices New Guidance Popular Risk Assessment Risk Mitigation Security and Privacy Controls

Digital Privacy Act Modernizes PIPEDA

On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important certainty to how...more

6/23/2015 - Amended Legislation Breach Notification Rule Canada Exemptions PIPEDA Privacy Laws Whistleblowers

CRTC Issues $48,000 Fine for Technical Violation of CASL

Following up on its recent $1.1MM CASL enforcement action against Quebec executive training firm Compu-Finder, the CRTC announced today that it has entered into an undertaking with online dating service operator Plenty of...more

3/26/2015 - Canada CASL Corporate Fines CRTC

CRTC Issues a $1.1 Million Penalty Under Canada’s New Anti-Spam Legislation

On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had issued a penalty of $1.1 million to Compu-Finder under Canada’s Anti-Spam Legislation (CASL)....more

3/6/2015 - Canada CASL Enforcement Actions Telecommunications

Defending Enforcement Under CASL: Compliance with Informational Formalities

In 2014, the anti-spam provisions of Canada’s Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. CASL prohibits a person from sending or causing or permitting to be...more

2/27/2015 - Advertising Anti-Spam Legislation Canada CASL Electronic Communications Email Spam

First Steps if You Receive a CASL Enforcement Notice

There have been a disappointing lack of publicly-reported enforcement actions under Canada’s Anti-Spam Legislation (CASL) since it came into force in July 2014 – in fact, to date there has only been one. Given the ambiguity...more

2/11/2015 - Canada CASL Enforcement

CASL Software Provisions now in Force

The provisions of Canada’s Anti-Spam Law (CASL) that regulate the installation of software came into force today, January 15, 2015. These provisions create new compliance burdens for businesses that create, distribute or use...more

1/16/2015 - Canada CASL Software

CRTC Provides Guidance on CASL Software Provisions – But Some Uncertainty Remains

From November 10 to 12, 2014, the CRTC provided its interpretation of the software provisions in Canada’s anti-spam law (CASL) in several presentations to industry. The CRTC also posted a specific FAQ about their...more

11/13/2014 - Canada CASL CRTC Final Guidance Software

Inconsistency in Canada’s Anti-Spam Law – When is “Java Scripts” not “JavaScript”?

Canada’s anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations). Accordingly, many organizations have...more

11/13/2014 - Canada CASL Popular Prior Express Consent Software

Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several...more

6/30/2014 - Canada CASL Commercial Electronic Messages CRTC Non-Profits Public Charities

Crowdfunding and Other New Prospectus Exemptions Proposed by the Ontario Securities Commission

On March 20, 2014, the Ontario Securities Commission (OSC) published for public comment four new prospectus exemptions intended to facilitate capital raising while maintaining investor protection. The proposed exemptions...more

3/28/2014 - Canada Crowdfunding OSC Prospectus

Canada’s Anti-Spam Law to Come into Force on July 1, 2014 – Time to Get Ready!

On December 4, 2013, the Honourable James Moore, Minister of Industry announced that Canada’s new anti-spam law (CASL) will come into force on July 1, 2014....more

12/6/2013 - Anti-Spam Legislation Canada CASL Compliance

Technology Licenses in the Context of a Licensor's Bankruptcy and Insolvency

Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts...more

6/26/2013 - Amended Legislation Canada Insolvency License Agreements Licenses The Companies' Creditors Arrangement Act

The Supreme Court of Canada Provides Guidance on Random Alcohol Testing

In Irving Pulp & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, a decision released on June 14, 2013, the Supreme Court of Canada has confirmed the limited ability of management to...more

6/19/2013 - Alcohol Testing Canada Unions Wine & Alcohol Workplace Hazards

Bringing CASL into Focus - Recent Efforts to Clarify Canada’s Anti-Spam Legislation

Industry Canada and the Canadian Radio-television and Telecommunications Commission (CRTC) have received numerous stakeholder submissions and inquiries in relation to Canada’s Anti-Spam Legislation (CASL) and its two...more

1/25/2013 - Anti-Spam Legislation Compliance CRTC Radio Stations Social Media Technology Television Broadcast Stations

Canada Modernizes Copyright Legislation

Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came...more

11/13/2012

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