Martin P.J. Kratz Q.C.

Martin P.J. Kratz Q.C.

Bennett Jones LLP

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Alberta Court of Appeal Affirms Sanctity of Solicitor-Client Privilege under FOIPPA

In University of Calgary v JR, 2015 ABCA 118, the Alberta Court of Appeal strongly affirmed the central importance of solicitor-client privilege to the proper functioning of the legal system. At issue was whether the Freedom...more

4/21/2015 - Attorney-Client Privilege Canada FIPPA

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

Sharing-economy Business Models Challenged – Uber and Lyft

O’Connor et al v Uber Technologies Inc, US District Court, Northern District of California, 11 March 2015 C-13-3826 EMC, Judge Edward M. Chen...Cotter et al v Lyft, Inc., US District Court, Northern District of California, 11...more

3/17/2015 - Corporate Counsel Employee Rights Independent Contractors Lyft Misclassification Sharing Economy Uber

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: Establishing an Exemption is Applicable

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

2/24/2015 - Advertising Anti-Spam Legislation Canada CASL Electronic Communications Marketing Spam

Defending Enforcement Under CASL: Establishing Consent

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. On October 7, 2014, the CRTC announced the conclusion of its first...more

2/20/2015 - Advertising Anti-Spam Legislation Canada CASL CRTC Email Marketing Opt-In Prior Express Consent Spam

Defending Enforcement Under CASL: What is a Commercial Electronic Message?

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. On October 7, 2014, the CRTC announced the conclusion of its first...more

2/17/2015 - Canada CASL Commercial Electronic Messages

Defending Enforcement Under CASL: Establishing Due Diligence

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

2/13/2015 - Advertising Anti-Spam Legislation Canada CASL Email Enforcement Enforcement Actions Opt-In

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

Updating IT and BYOD Policies to Reflect CASL Software Notification Requirements

On January 15, 2015, the software provisions in Canada’s Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device...more

11/25/2014 - Canada CASL Software

Who is the Inventor?

Enthusiastic entrepreneurs consult with patent agents about the protection of their new product. Often a successful team for an entrepreneurial business includes someone with technical skills, someone with marketing skills,...more

11/18/2014 - Canada Entrepreneurs Inventors Patents

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

Enterprise Compliance with the CASL Software Provisions – Six Questions for Large Organizations

The electronic communications provisions of Canada’s Anti-Spam Law (CASL) came into force on July 1, 2014. CASL is generally known for its sweeping regulation of “commercial electronic messaging.” However, in addition to the...more

10/24/2014 - Anti-Spam Legislation Canada CASL Chief Compliance Officers Commercial Electronic Messages

Canada’s Anti-Spam Legislation: An Advantage for Cloud Computing?

The communications provisions of Canada’s Anti-Spam Legislation (CASL) came into force on July 1, 2014. Generally speaking, CASL prohibits a person from sending a “commercial electronic message” without the consent of the...more

10/23/2014 - Corporate Counsel

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

Norwich Orders and Copyright Trolls

The decision of the Federal Court in Voltage Pictures LLC v John Doe and Jane Doe, 2014 FC 161, provides insight into the collision of Norwich Orders, means used to identify unknown infringers, and the growing business model...more

3/10/2014 - Copyright Copyright Infringement Copyright Trolls Norwich Orders

Defining Copyright Infringement

The Supreme Court recently addressed the approach to assessment of copyright infringement in the case of Cinar Corporation v Robinson, 2013 SCC 73, and thereby provided some important guidance to courts facing similar...more

1/7/2014 - Copyright Copyright Infringement Infringement SCOTUS

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

Alberta’s Personal Information Protection Act Violates Charter

The Supreme Court of Canada has just held that the collective right to freedom of expression in a lawful strike situation trumps an individual’s right to control their information in a public setting, striking down the...more

11/18/2013 - Canada Free Speech Personally Identifiable Information PIPA SCC Strike

Don’t Ignore that Notice!

The case Medos Services Corporation v. Ridout and Maybee LLP 2013 FC 1006 is an example of what happens when the owner of a registered trademark ignores a Section 45 notice....more

11/13/2013 - Canada Notice Requirements Registration Trademarks

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

5/22/2013 - Copyright DMCA Infringement Safe Harbors Takedown Notices YouTube

A Charter Right to Search Google?

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new...more

2/13/2013 - Breach of Charter Rights and Freedoms Canadian Charter of Rights and Freedoms DUI Google Internet Right To Counsel

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 ECPR Radio Stations Social Media Technology Television Broadcast Stations

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