Cease and Desist Letter Template
A cease and desist letter puts another party on formal notice that their conduct is unlawful and must stop. Our free Canadian template is suitable for copyright and trademark infringement, defamation, harassment and breach of contract matters, and follows the without prejudice conventions used by Canadian lawyers.
Dear John D. Thompson,
This letter serves as a formal legal demand that you immediately cease and desist from the following activity, which constitutes a violation of the rights of Maple Digital Media Inc. under the Copyright Act, R.S.C. 1985, c. C-42.
DESCRIPTION OF VIOLATION
DEMANDS
You are hereby required to take the following actions within 14 days of the date of this letter:
LEGAL CONSEQUENCES OF NON-COMPLIANCE
Should you fail to comply with the demands set out above within the specified deadline, Maple Digital Media Inc. reserves the right to pursue all available legal remedies without further notice, including but not limited to:
(a) Filing a civil action in the courts of the Province of Ontario seeking injunctive relief, compensatory damages, and, where applicable, punitive damages;
(b) Applying for an interim or interlocutory injunction under the applicable provincial Rules of Civil Procedure to compel immediate cessation of the infringing activity;
(c) Recovery of all legal costs and disbursements on a substantial indemnity basis;
(d) Referral to the appropriate law enforcement authorities where the conduct constitutes a criminal offence under the Criminal Code of Canada, R.S.C. 1985, c. C-46;
(e) Any other relief that a court of competent jurisdiction may deem just and appropriate in the circumstances.
This letter is written without prejudice to any rights, remedies, claims, or defences available to Maple Digital Media Inc. under the laws of the Province of Ontario and the federal laws of Canada, all of which are expressly reserved. Nothing in this letter shall constitute a waiver of any right or remedy.
I strongly urge you to take this matter seriously and to comply with the demands herein within the specified deadline. Please direct all correspondence regarding this matter to the address set out above.
What Is a Cease and Desist Letter?
A cease and desist letter is a formal written demand from a rights holder to a person or organization engaged in conduct that interferes with those rights. It typically identifies the offending conduct, cites the relevant legal basis, demands that the conduct stop by a specified deadline and warns of further legal action if the recipient does not comply. In Canada it is commonly used for copyright infringement under the Copyright Act, R.S.C. 1985, c. C-42, trademark infringement under the Trademarks Act, R.S.C. 1985, c. T-13, defamation, harassment and breach of contract.
Although a cease and desist letter does not itself have the force of a court order, it carries important practical consequences. It creates a documentary record that the recipient was put on notice, which can be critical evidence in later proceedings for damages, an injunction or punitive damages. In copyright, trademark and defamation claims, knowing continuation after notice can justify higher damages or a finding of bad faith.
In Canada these letters are typically sent under the without prejudice or without prejudice save as to costs banner, a common-law convention that protects the contents from being used against the sender in subsequent proceedings except on the question of costs. A well-drafted letter is precise about the facts, proportionate in its demands and realistic about the legal remedies that will follow if the recipient does not comply.
What's Covered in This Template
Our cease and desist letter template addresses the essential elements of a persuasive demand.
Sender Details
Name, address and contact information of the rights holder or their lawyer sending the letter.
Recipient Details
Name, address and (where available) corporate registration details of the party engaging in the conduct.
Subject and Without Prejudice Heading
Clear subject line and the “without prejudice save as to costs” designation used in Canadian practice.
Description of the Conduct
Detailed factual description of the unlawful activity, including dates, places and specific acts.
Legal Basis
Citation of the relevant statute or common-law rights being infringed, such as the Copyright Act, Trademarks Act or defamation law.
Demand to Cease
Clear, unambiguous demand that the recipient stop the conduct and refrain from repeating it.
Corrective Actions
Additional steps required, such as removing online content, issuing an apology, delivering up infringing goods or accounting for profits.
Deadline for Compliance
Reasonable deadline (typically 7 to 14 days) by which the recipient must confirm compliance.
Reservation of Rights
Statement that all legal rights and remedies are reserved if the recipient does not comply.
Signature and Contact Information
Signature of the sender, date of the letter and a channel for the recipient’s response.
How to Create a Cease and Desist Letter
Follow these steps to draft a cease and desist letter that is firm, accurate and proportionate.
- 1
Gather the Evidence
Collect screenshots, contracts, correspondence and any other documents that prove the unlawful conduct.
- 2
Identify the Legal Basis
Determine whether the issue involves copyright, trademark, defamation, contract breach, harassment or another cause of action.
- 3
Draft Clear Demands
Describe what the recipient must do (stop, remove, retract, account) and by when, avoiding vague or unreasonable requests.
- 4
Review Tone and Accuracy
Check that every factual statement is accurate and that the letter is firm but not abusive, threatening or misleading.
- 5
Send and Keep Proof of Delivery
Send by email with read receipt and by registered mail, and keep proof of delivery for any future proceedings.
Legal Considerations
Several areas of Canadian law underpin the use of cease and desist letters.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.
Reviewed for Canadian law
Intellectual Property
The Copyright Act, R.S.C. 1985, c. C-42 and the Trademarks Act, R.S.C. 1985, c. T-13 give rights holders remedies including injunctions, damages, accounting of profits and statutory damages of up to C$20,000 per work for commercial copyright infringement. Sending a cease and desist letter puts the recipient on notice and can support a finding of knowing infringement that increases damages.
Defamation
Provincial statutes such as the Libel and Slander Act, R.S.O. 1990, c. L.12 in Ontario require a written notice to the publisher within six weeks of learning about a defamatory statement in a newspaper or broadcast before an action can be commenced. A properly drafted cease and desist letter can satisfy this statutory notice requirement and also triggers limitation periods for commencing a claim.
Harassment and Criminal Conduct
Section 264 of the Criminal Code, R.S.C. 1985, c. C-46 creates the offence of criminal harassment. While a cease and desist letter is a civil remedy, it can support a police complaint and later civil claims for the tort of harassment, recognised in Ontario cases such as Caplan v Atas, by demonstrating that the conduct continued after a clear warning.
Limitation Periods
Under section 4 of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, most civil claims in Ontario must be brought within two years of discovery. BC's Limitation Act, S.B.C. 2012, c. 13 sets a similar two-year period. Sending a cease and desist letter does not usually suspend these Canadian limitation periods, so the Canadian rights holder must still commence any claim in time if the recipient does not comply.
Frequently Asked Questions
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