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Canada Opt-Outs

Stikeman Elliott LLP

Extending the Time to Opt Out of a Class Action? Ontario Court of Appeal Provides Guidance on Applicable Test

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In Johnson v. Ontario, the Ontario Court of Appeal (the “Court”) allowed for the extension of time within which the appellant could opt out of a class action. In doing so, the Court provided welcome appellate guidance on the...more

Blake, Cassels & Graydon LLP

Court of Appeal for Ontario Confirms Test for Extending Period to Opt Out of Class Proceedings

The Court of Appeal for Ontario (Court) has confirmed the test for granting an extension to opt out of a class proceeding after the court-ordered deadline has elapsed. The Court has also confirmed that such deadline will...more

Bennett Jones LLP

Court of Appeal Characterizes "Opt Out" of Class Proceedings as a Substantive Right

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Class action proceedings are routinely characterized as "procedural" in nature. However, that framing obscures the fact that class actions—and interim proceedings within class actions—have very real consequences for class...more

Blake, Cassels & Graydon LLP

What Canadian Businesses Need to Know about the California Consumer Protection Act

Come July 1, 2020, Canadian entities caught under the California Consumer Privacy Act (CCPA) will need to comply with proposed regulations that were recently issued by the Attorney General’s office. The draft rules clarify...more

Bennett Jones LLP

CASL Compliance Becomes More Complex

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We have noted that Canada’s Anti-Spam legislation (CASL) is complex, onerous and ambiguous. In the face of the uncertainties created under the CASL regime, organizations seeking to comply with the law still await substantial...more

BCLP

Email Marketing

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Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

Bennett Jones LLP

Intra-class Debate Permissible During Opt-Out Period: 1250264 Ontario Inc v Pet Valu Canada Inc

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On May 3, 2013, the Ontario Court of Appeal released its decision in 1250264 Ontario Inc v Pet Valu Canada Inc, which addresses the propriety of communications among class members during the “opt-out” period when class...more

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