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ARTICLE · 19 MAY 2017

Preparing For CASL's Private Right Of Action

Borden Ladner Gervais LLP
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Statutory damages for a contravention of CASL's CEM rules are subject to a maximum of $200 for each contravention, not exceeding...

CanadaPrivacy
Bradley Freedman
Bradley Freedman
Katherine McNeill
Katherine McNeill
Ira Nishisato
Ira Nishisato
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Private Litigation

General

Commencing July 1, 2017, any individual or organization affected by a CASL contravention (e.g. the sending of a CEM without consent or required information disclosure or formalities) may sue the persons who committed the contravention or are otherwise liable for the contravention and seek: (1) compensation for actual loss, damage and expense suffered or incurred by the applicant; and (2) statutory (non-compensatory) damages.

Statutory damages for a contravention of CASL's CEM rules are subject to a maximum of $200 for each contravention, not exceeding

$1,000,000 for each day on which the contravention occurred. CASL requires a court to consider all relevant circumstances when determining the appropriate amount of statutory damages to be imposed on a respondent, including the purpose of the statutory damages award (i.e. to promote CASL compliance), the nature and scope of the CASL contravention, the respondent's history with previous

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