The Canadian Institute's Course on Managing Legal
Risks in Running Online Contests
This presentation by Bill Hearn and Darren Kirkwood discusses
the laws, enforcement practices and industry guidelines regulating
all contests (including those under the Criminal Code,
Competition Act and Quebec's special contest laws). It
addresses the special considerations that arise in contests for
kids and teens and when contests involve special products such as
liquor and NHL tickets.
Hearn and Kirkwood also explain how to mitigate special risks in
the online environment (including compliance risks and the
Competition Bureau's enforcement position on applying the
Competition Act to the Internet, user generated content
and intellectual property and trade defamation risk, personal
information and privacy law risk, Canada's new anti-spam law
and refer-a-friend risk, cheaters and hacked PIN code & voter
fraud risk, global contests and local law compliance risk) and the
special considerations of running a contest using social media
platforms such as Facebook and Twitter. The presentation concludes
with a summary of documents, processes and products that a prudent
contest sponsor requires to mitigate these risks.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
The Ontario Court of Appeal has released its reasons for decision in R v. Dowdall, affirming the Superior Court’s earlier decision to commit 17 defendants to stand trial on charges of bid-rigging under s.47 of the Competition Act.
In cases heard barely two weeks apart, Canada’s Competition Bureau obtained record-setting fines against two Japanese auto parts suppliers that pleaded guilty to bid-rigging charges.
On April 18, 2013 before Justice L.D. Ratushny of the Ontario Superior Court of Justice, a Japanese supplier of motor vehicle components, Yazaki Corporation ("Yazaki") pleaded guilty to three counts of bid-rigging, in violation of subsection 47(2) of the Competition Act.
Following its approval in December 2012 of two high-profile transactions involving foreign state-owned enterprises acquiring Canadian businesses, the Canadian government announced new policies that would guide the minister of industry in applying the Investment Canada Act (ICA) to subsequent similar transactions.
The Competition Tribunal has recently dismissed the Commissioner of Competition's application challenging certain practices of the Toronto Real Estate Board under the abuse of dominance provisions in section 79 of the Competition Act.
The Canadian Competition Tribunal has recently released its decision dismissing the Commissioner of Competition's application against the Toronto Real Estate Board.
In a recent decision of the Federal Court of Appeal, "Canada v. RBC Life Insurance Company", the FCA confirmed that government officials must be fully transparent with the court.
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