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ARTICLE · 19 JUNE 2017

CASL Reprieve – Private Right Of Action No Longer Imminent

Miller Thomson
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By an Order in Council released June 7, 2017, the federal government has suspended the private right of action under Canada's Anti-Spam Legislation (or "CASL").

CanadaLitigation, Mediation & Arbitration
Catherine Bate
Catherine Bate
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By an Order in Council released June 7, 2017, the federal government has suspended the private right of action under Canada's Anti-Spam Legislation (or "CASL"). The provisions, which were to come into force on July 1, 2017, would have provided plaintiffs "affected by an act or omission that constitutes a contravention" of CASL the ability to seek both compensatory and statutory damages. The potential exposure for organizations was significant, with the possible damages in certain cases able to reach up to $1M per day. At least for now, that risk is on hold.

For anyone unfamiliar with CASL, the legislation first came into force on July 1, 2014. It imposes consent, disclosure and unsubscribe requirements related to the sending of commercial electronic messages and the installation of computer programs. The law is wide-sweeping, covering messages sent by email, text and even certain social media communications. Even though the law has been in force for three years, many

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