You run a small business consulting business in Mississauga called Consultants Unlimited Inc.At lunch time, one of your employees, Jane, is on Facebook and sees that her friend's brother is the president of a small start-up business that might be able to use your consulting business's services.[1]She finds his e-mail address on Facebook and forwards him an e-mail from the company e-mail account, looking to arrange a coffee to "talk a little business."The e-mail is as follows:

From: j..e@consultantsunlimited

To: j..r@bouquets-on-the-

Hi Joe:

I am Jean Rider's friend and I see you are just starting-up a new flower delivery service.Consultants Unlimited specializes in helping start-ups like yours address your insurance needs and thought we might talk a little business over coffee.Please get back to me and we'll set something up soon.

Jane.

Please answer the following questions about Jane and Consultants Unlimited's situation.

Questions:

1.Is Jane's e-mail a commercial electronic message (CEM) under Canada's new anti-SPAM statute?Why or why not?

2.If Jane's e-mail is a CEM has Jane complied with the requirements for CEMs under Canada's new anti-SPAM statute?Why or why not?

3.If Jane has not complied, is Consultants Unlimited liable under the anti-SPAM statute for its employee's actions? Why or why not?

[1]Many of the facts in this problem are derived from Schwartz, J. and Portman, F. (2014, August 25).How to Avoid Employer Liability under Canadian Anti-Spam Legislation (CASL).Stringer LLP.Retrieved from http://www.stringerllp.com/how-to-avoid-employer-liability-under-canadian-anti-spam-legislation-casl.