Category Archives: New legislation

Significant Proposed Changes For Real Estate Services Advertising In Ontario

On March 4, 2020, the Ontario Trust in Real Estate Services Act, 2020 (TRESA) received Royal Assent, amending the Real Estate and Business Brokers Act, 2002 (REBBA). REBBA governs real estate brokerages, brokers and salespersons (real estate services registrants) in Ontario. Certain provisions under TRESA … Read the rest of this entry »

Highlights of the Competition Bureau’s Submission to Recent G7 Compendium Report on Competition in Digital Markets

Practical Law Canada Competition, of which I am Lawyer Editor, published a new Legal Update, which discusses the Canadian Competition Bureau’s submission to a recent Compendium of Approaches to Improving Competition in Digital Markets published by G7 competition authorities. Below is an excerpt with a … Read the rest of this entry »

Canadian Federal and Ontario Cannabis Advertising Laws and Rules: An Overview

We have been receiving an increasing number of inquiries relating to Canadian laws, regulations and regulatory guidelines for cannabis marketing and advertising. As such, we provided an overview of key advertising and marketing related requirements under the federal Cannabis Act and Ontario laws and rules … Read the rest of this entry »

Common Misperceptions Between Implied Consent and Exemptions Under CASL (Canadian Anti-Spam Law)

Canada’s federal anti-spam legislation (CASL), which is one of the strictest spam law regimes in the world, applies to commercial electronic messages (CEMs) that encourage participation in a commercial activity. CEMs are defined broadly as electronic messages with a purpose to encourage participation in a … Read the rest of this entry »

Winner Release Forms Precedents for Canadian Trip and Destination Contests

Are you planning to run a trip (i.e., destination) contest open to Canadians and need winner release forms for the winner, companion and any minors? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including Winner Releases For Trip Contests (Winner & Guest … Read the rest of this entry »

New Competition Bureau Guidance for Performance Claims and Influencer Marketing In Canada

Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses new Competition Bureau guidance in relation to performance claims under the Competition Act, R.S.C. 1985, c. C-34 (Competition Act). The update includes a general overview of the … Read the rest of this entry »

COVID-19 Consumer Protection Enforcement: A Tale of Two Countries

My new Canadian Lawyer column discusses recent price gouging and deceptive marketing law enforcement in Canada.  Some of the issues raised include speed of enforcement, political statements compared to actual enforcement and, perhaps, most importantly, transparency in relation to warnings and penalties.  My new column … Read the rest of this entry »

Influencer Advertising: Competition Act Compliance Now a Material Concern For Brands and Agencies

Over the past several years, competition enforcement agencies have been increasing their scrutiny of false and misleading influencer marketing.  The U.S. Federal Trade Commission (FTC) initially led the charge in terms of guidance and enforcement, which included its Endorsement Guides, Endorsement Guides FAQs and warning … Read the rest of this entry »