Blockchain (the technology behind Bitcoin) is in a hype phase. It has been touted as the solution to many issues around trust. To some extent blockchain is still a solution in search of a problem. Blockchain will, however, become an important technology, and perhaps during 2018 we will begin to see some practical uses.

CASL, Canada’s anti-spam legislation, has been under review. It is a horrible law where the cost / benefit ratio is way off. Most small businesses simply don’t have the resources to comply. And no matter how hard they try, larger businesses have a difficult time complying . . . [more]

Under Canada’s Anti-Spam Law (“CASL”) not only may a corporation that fails to comply be liable to pay a monetary penalty but personal liability may also arise. Section 31 provides that “An officer, director, agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against”.

An example of application of Section 31 is the case of Mr. Halazon and TCC reported by the Canadian Radio-television and Telecommunications Commission (“CRTC”) in June . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses, 2016 ABCA 255

[22] Accordingly, a court has jurisdiction to review the decision of a religious organization when a breach of the rules of natural justice is alleged. The respondent’s application raises numerous complaints regarding the process used by the appellants. He contends that he was not provided with particulars . . . [more]

1. CASL, Canada’s anti-spam legislation, has been with us since July 2014. It’s a terrible piece of legislation for many reasons. In July 2017 a private right of action becomes effective that will allow anyone who receives spam as defined by CASL to sue the sender. CASL sets out statutory damages, so the complainant does not have to prove any damages. Class actions will no doubt be launched. The sad part is that breaches of CASL are to a large extent breaches of the very technical requirements of the statute, rather than the sending of what most people would call spam.

2016 has seen a continued focus on digital strategy in the Canadian legal market. Legal industry professionals have been late adopters of digital processes. However, the continued disruption in the Canadian legal market has placed pressure on law firms to find new ways to increase brand awareness and to meet client expectations. So what do law firms need to implement digital policies that improve their bottom line and the client experience? Information and a thorough understanding of client needs.

For the second year in a row, fSquared Marketing has gathered data on the Canadian legal market, to help law firms . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Barry Sookman  2. Clio Blog 3. Rule of Law  4. Double Aspect  5. National Blog

Barry Sookman
CASL gets Rogers Media

The CRTC announced yesterday that it bagged another CASL pelt – this time Rogers Media. The company agreed to an undertaking with the CRTC and to pay $200,000 . . . [more]

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 sentiment. For example, an organization may wish to invite individuals to a holiday-themed party, or simply send a seasonal greeting. What many organizations may not have considered is whether these benign-seeming messages will attract seven-figure liability.

Canada’s Anti-Spam Law, more commonly known as CASL, generally provides that a sender must obtain the consent of a recipient before sending a “commercial electronic message,” or “CEM,” to . . . [more]

I’ve seen complaints suggesting emails from those running in the federal election are spam. But CASL specifically exempts political emails from the definition of spam. A recent review of political emails by a mail service provider showed that they are not even trying to comply with the spirit of CASL – such as having unsubscribe mechanisms and contact information.

It’s never been clear to me why those making laws think they deserve to be exempted from many laws they think business need to follow. Perhaps if they applied more laws to themselves some laws might be a lot more user . . . [more]