Document background
The Cease and Desist Letter is a crucial legal instrument in Canadian business and civil law practice, typically used when one party needs to formally demand another party stop engaging in unauthorized or harmful activities. This document is employed in situations involving intellectual property infringement, unauthorized use of materials, harassment, defamatory statements, or breach of contractual obligations. The letter must comply with Canadian federal and provincial laws, including relevant sections of the Trademark Act, Copyright Act, and common law principles. It serves as both a formal warning and a potential prerequisite to legal action, documenting the sender's attempt to resolve the issue before pursuing litigation. The Cease and Desist Letter should clearly state the legal basis for the demand, specify the offending activities, and provide a reasonable timeframe for compliance, all while avoiding language that could be construed as threatening under Canadian law.
