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Highlights
ELECTRONIC COMMUNICATION
Beyond Spam: Franchisors Wrestle With Bill C-28
Compliance
Meredith Ashton, Dominic Mochrie
Franchise businesses, like others, rely on electronic communications to solicit and stay in touch with customers. However, with the Fighting Internet and Wireless Spam Act coming into force, the legal landscape surrounding commercial electronic communication in Canada is about to undergo a significant change. As Meredith Ashton and Dominic Mochrie explain, franchisors must be aware that this legislation goes far beyond regulating just "spam" e-mails, and instead will apply to all electronic messages sent for any commercial purpose.
ADVERTISING– CONSUMER CREDIT
Advertising Promotions on Sale of Goods: the
Importance of Divulging Complete and Accurate Information on Credit
Pascale Cloutier
In 2010, the Quebec Court of Appeal in Brault & Martineau inc. v. Riendeau et al. confirmed the first instance decision ordering a Quebec retailer to pay $2 million in punitive damages for several breaches of the Quebec Consumer Protection Act on false representations of credit terms and conditions. Pascale Cloutier reviews the applicable paragraphs of the Consumer Protection Act on credit, based on the Riendeau decision.
EMPLOYMENT LAW
The Top Five Differences Between American and Canadian
Labour and Employment Law
Michael S. Richards, Ellen V. Swan
With businesses expanding more frequently outside their home countries, employees are now located in jurisdictions that their employers are not familiar with. Given the proximity of Canada and the United States, it is not unusual for U.S.-based companies to expand to Canada, and not realize that Canadian and U.S. employment and labour law is significantly different in several key respects. Michael Richards and Ellen Swan summarize the five most important differences.
TRADE-MARKS
Case Comment – a Look Back at the Wrangler v.
Big Rock Decision
Ellery C. Lew
The courts have revisited the concept of a famous trade-mark with the recent case of Wrangler Apparel Corp. v. Big Rock Brewery Limited Partnership. This case involved consideration of the trade-mark WRANGLER in association with jeans and apparel, on the one hand, and beer on the other, and to what extent those two uses are connected and confusing. Ellery Lew reviews this case and its impact on consideration of confusion between a famous trade-mark, and the application for registration of a similar trade-mark in respect of unrelated products or services.
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Board
Lawrence M. Weinberg
Editor-in-Chief
Cassels Brock & Blackwell LLP
Joseph Y. Adler
Hoffer Adler LLP
Pascale Coutier
Miller Thomson Pouliot LLP
Andraya Frith
Osler, Hoskin & Harcourt LLP
Frédéric P. Gilbert
Fasken Martineau DuMoulin LLP
Ellery C. Lew
Witten LLP
Leonard H. Polsky
Gowling Lafleur Henderson LLP
John L. Rogers
Davis LLP
Derek Ronde
Cassels Brock & Blackwell LLP
Peter V. Snell
Gowling Lafleur Henderson LLP
Jayne Edmonds
Cassels Brock & Blackwell LLP |