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New CASL Deadline Looms

In the May 15, 2017 issue of HR Reporter Sarah Dobson has written up a great piece on the upcoming July 1st deadline when CASL’s private right of action comes into force.

As a class action, there’s a significant amount of money potentially at stake. So that’s caught a lot of people’s attention. So a lot of companies are reviewing their CASL compliance efforts that they’ve put into place one, two, three years ago to make sure they’re actually being followed and their efforts are up to date.”
It’s going to be interesting to see how the tribunal interprets the legislation because it’s possible this right of action can be taken without any proof of damages, relying on the $200 provision, said Antoine Aylwin, a partner at Fasken Martineau in Montreal.
“If the tribunal accepts that principle, we could very well see many class actions taken and it goes fast — when you send an email to 1,000 persons, well, it’s $200,000 per communication, so say you send five, you’re at $1 million, just by the mathematics of it.”

Click here to read the full article as a PDF