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Mind your consents: New guidance on CASL compliance from the CRTC

The CRTC has recently published some additional guidance on retaining evidence of CASL consents.

Under CASL, the person sending (or permitting to send) the commercial electronic message (CEM) has the onus of proving consent. 

If the sender is relying on an exception to the consent requirement, such as an existing business or non-business relationship, the sender must be able to prove the exception.

As such, CRTC notes good record-keeping practices can help the sender:

Recording client calls by brokerage firm not a breach of privacy due to consent: Turkson v. TD Direct Investing 2016 BCSC 732

Mr. Turkson commenced proceedings against TD Waterhouse regarding his trading dealings with them, including claims for breach of contract, negligence, breach of fiduciary duty, breach of trust, fraud, wilful concealment and breach of privacy.  In dismissing all of the claims, the BC Supreme Court also dismissed the privacy allegations. 

Mr. Turkson alleged that TD Waterhouse invaded his privacy by tape recording his conversations with its representatives without his consent, and by publishing the transcript of those conversations without his consent or a court order.

Local governments' role in brownfield development

The Province of British Columbia has issued an intentions paper on identifying contaminated sites.  Among other things, the Province proposes to substantially change the role of local governments in the contaminated site identification process.  Comment period on the intentions paper expires on July 31, 2016.  Local governments should take note of the proposed changes and consider providing input to the Province.

Put Your Docks Up!

Municipalities often struggle to address contentious local issues through zoning bylaws out of fear that their actions will be subject to legal challenge.

On March 31, 2016 the B.C. Supreme Court rendered its decision in Dong v. Bowen Island Municipality, 2016 BCSC 553. The case was the culmination of a long and bitter feud that pitted long-time residents of Bowen Island against municipal council and other residents with respect to the construction of docks on the southwest coast of the island.

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