Martin P.J. Kratz Q.C.

Martin P.J. Kratz Q.C.

Bennett Jones LLP

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Call Centers Feel the Sting of Enforcement Action Under the National Do Not Call List

No one likes unsolicited telephone calls. In response to the nuisance of such calls the Government has set up a National Do No Call list and a regulatory regime managed by the Canadian Radio-television and Telecommunications...more

3/11/2016 - Call Centers Canada CRTC Do Not Call List Enforcement Actions Unsolicited Phone Calls

Software as a Service is a Good?

There has been a revolution in how software is delivered to customers. Traditionally software was licensed in a physical form. The customer traditionally received a copy of the computer program in a tangible form (disk or...more

3/11/2016 - IP License Non-Use of Trademarks SAAS Software Trademarks

Further CRTC Investigation Underway

For the second time the CRTC has publicized the execution of a warrant under the CRTC’s powers under Canada’s Anti-spam law (CASL). The investigation is focused on the installation of malware and the altering of transmission...more

1/28/2016 - Canada CASL CRTC Enforcement Actions Malware

Not So Fast, Not So Much – Data Protection for Cell Tower Traffic Data

In the context of criminal investigations police in Canada may obtain “tower dump” production orders. These are orders requiring the applicable cellular telecommunications providers to disclose all records of cellular traffic...more

1/22/2016 - Canada Cell Towers Criminal Investigations Privacy Concerns

Canadian Anti-Spam Enforcement 2015: A Year in Review

Over the last year, the Canadian Radio-television and Telecommunications Commission (CRTC) has been active in its enforcement actions under Canada’s Anti-Spam Legislation (CASL). As shown by the following summary of...more

1/11/2016 - Canada CASL Commercial Electronic Messages CRTC Enforcement Actions

Anti-Spam Enforcement Reaches International Malware Target

The Canadian Radio-television and Telecommunications Commission (CRTC) is one of the key enforcement authorities in respect of Canada’s anti-spam law (CASL). CASL is broader than mere regulation of commercial electronic...more

12/4/2015 - Canada CASL Commercial Electronic Messages CRTC Enforcement Actions Malware

Unsubscribe Problems Nets Telecommunications Provider Under Anti-spam Law

November 20, 2015 the CRTC announced that Rogers Media Inc had paid $200,000 as part of an undertaking to resolve alleged violations of Canada’s anti-spam legislation (CASL)....more

11/23/2015 - CASL CRTC Due Diligence Spam Telecommunications

Wishing You Happy Holidays, if Canada’s Anti-Spam Law Permits

The holiday season is an important season to focus on good will and the profound messages that the holidays celebrate. Many organizations use the holiday season to communicate with clients and associates to share that...more

11/3/2015 - Canada CASL CRTC Enforcement Authority Holidays Implied Consent Prior Express Consent

9th Circuit Confirms Duties for Posting DMCA Takedown Complaints

As Canada begins to settle in with the new “notice and notice” provisions under the Copyright Act (Canada) which came into force January 2, 2015, copyright owners in Canada still need to address infringing content posted on...more

9/21/2015 - Canada Copyright Infringement DMCA Internet Service Providers (ISPs) Music Music Industry Supreme Court of Canada Takedown Notices The Copyright Act Websites

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

Porter Airlines Pays $150,000 under Canada’s Anti-Spam Law

On June 29, 2015, the CRTC announced that Porter Airlines Inc had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada’s Anti-Spam Law (CASL). CASL requires consent to send...more

6/30/2015 - Advertising Anti-Spam Legislation Canada CASL Consent CRTC Email Enforcement Enforcement Actions Spam

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

Privilege for Patent and Trademark Agents

As a result of Bill C-59, when passed, clients will enjoy a statutory privilege in their confidential communications with Canadian patent and trademark agents. This will provide Canadian clients who use patent and...more

6/2/2015 - Business Privilege Canada Confidential Communications Patents Trademarks

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

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