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In Bhasin v. Hrynew, 2014 SCC 71, a judgment released on November 13, 2014 (by the Supreme Court of Canada (SCC) which is Canada’s highest court and legal authority) the requirement for parties to perform their obligations honestly and in good faith was recognized in Canada.

Initially it seems somewhat bizarre that the SCC has had to recognize a new duty to perform contractual obligations honestly.  One might have hoped that when parties enter into an “agreement”, they do so with ...

Now for those who are seasoned directors, information concerning fiduciary obligations will, perhaps, be of little use or news to you. However for those starting out, particularly entrepreneurs whose interest lies in their science or technology, knowing what is required or expected of you as a director is important.

The term “fiduciary duty” has a fancy ring, doesn’t it? It sounds somewhat ominous and archaic, too. It was the subject of a fairly recent Ontario Court of Appeal case (July, 2014): Continue Reading →

Entrepreneurs often rely on consultants and advisors to contribute time and resources to assist them in commercializing their creation, invention or development.  There is hope and excitement when people start working together. In addition, many entrepreneurs lack business acumen and look to the advisor for this skillset.  Often there is some vague offer of compensation of shares with no agreement in writing as to exactly how many and when the shares will be issued, or shares may be issued with ...

On January 29, 2013 I posted some information on Canada’s new Anti-Spam Legislation (CASL), related to the new regulatory requirements for sending certain types of emails and other electronic communications, and for installing software, including updates and upgrades.

In my February 14, 2013 post I provided a commentary on what electronic messages are governed by the statute. As outlined there, unless exempted under CASL, commercial electronic messages (known as CEMs) may only be sent where: (a) the recipient has consented to receiving ...

In my January 29th post on Canada’s new Anti-Spam Legislation (CASL), I wrote about the introduction of new requirements for sending certain types of emails and other electronic communications, and new regulatory requirements for installing software, including updates and upgrades.

In the February 14th post I provided a commentary on what electronic messages are governed by the statute. Unless exempted (as discussed below) commercial electronic messages (known as CEMs) may only be sent where: (a) the recipient has consented to receiving it, whether by express ...

What Constitutes Implied Consent?

In my January 29th post on Canada’s new Anti-Spam Legislation (CASL), which will likely come into force sometime this year, I mentioned that there will be new requirements for sending certain types of emails and other electronic communications, and new regulatory requirements for installing software, including updates and upgrades.

In the February 14th post I provided a commentary on what electronic messages are governed by the statute. As mentioned in ...

What Constitutes Consent under CASL?

Canada’s new Anti-Spam Legislation (CASL) is scheduled to be proclaimed in force sometime this year.  Originally it looked like the proclamation might be this Spring (2013), although with all manner of people, groups and organizations lobbying for changes, we will see!  Regardless, it is wise to be aware of the requirements in advance.

In my January 29th blog post I mentioned that CASL contains new regulatory requirements for sending certain types of emails and ...

What does CASL mean to you, and how do you comply?

In my blog post of January 29, 2013 I provided initial information on CASL. This is a continuation and builds on the information provided there so I recommend that you read that entry first, before reading this blogpost.

To comply with CASL, each person, business, organization, charity and the like, will have to determine whether the emails that you send are what the legislation defines as “commercial electronic messages” ...

Canada is in the midst of enacting anti-spam legislation. Read more to find out what the new regulatory requirements are for sending certain types of emails and other electronic communications, and for installing software, including updates and upgrades!

Hi everyone,

Canada is in the midst of enacting Anti-Spam Legislation, known as CASL.

The actual name of CASL is a mouthful. It is as follows (which is why we are all calling it CASL!): An ...