Author: Donald Houston and Jonathan Bitran

Misguided Policy: CASL’s Private Right of Action for Competition Act Reviewable ConductMisguided Policy: CASL’s Private Right of Action for Competition Act Reviewable Conduct



This is a guest blog post by Donald Houston and Jonathan Bitran of McCarthy Tétrault LLP.**

While much has been written about the impending CASL private rights of action, less has been said about the new private right of action CASL will tack on to the Competition Act for misrepresentations in electronic messages. ‎

The new CASL private right of action for reviewable conduct under section 74.011 of the Competition Act is an aberration, which will be inconsistent with and offensive to the current regime by which the Competition Act addresses deceptive marketing practices.