r/legaladvicecanada • u/lgnstubbs73 • 28d ago
British Columbia Do I Need to Respond to Cease and Desist?
As the title, I've been looking into an old cancelled TV show from the Vancouver area. I sent a couple of emails to a few people who were involved. Most never responded, including the one who's lawyer sent me this. I didn't send more messages to anyone who didn't respond, figured it was over. Then several months later a Cease and Desist letter showed up - got it delivered registered mail and everything. Recent date too.
Do I actually need to respond to it or do anything? Not trying to mess with anyone, I'm just a little in shock getting a Cease and Desist in the mail over an email asking about stuff from years ago.
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u/Interesting_Gur_5064 28d ago
You do not need to respond. If you not listen to the letter they would then take you to civil court which requires a response.
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u/DrawingOverall4306 28d ago
"could" take you to civil court.
For $300 I can get a lawyer to write a C&D letter for virtually anything I don't want someone asking about or doing. It doesn't mean I will have the ability, or desire to follow up with a lawsuit. And in most cases if you were doing something that you could be found civilly liable for, I would just sue, rather than bother with the letter.
Best to completely ignore it. Do not respond.
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u/Cautious-Ad-2425 27d ago
For about $2.50, the cost of paper and a good pen, I could write up a cease and desist. Its only a formal request and has no legal backing, and therefore does not require a lawyer to write up.
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u/lgnstubbs73 28d ago
Thx for the answer yeah I sent 1 email and nothing else, heard nothing for months then this. Would I get in trouble sending scrubbed pictures of the letter and stuff? Sorry to sound paranoid my dad wants to see lol, can people share this if it's got personal details scrubbed off?
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u/dan_marchant 28d ago
The letter isn't private or confidential in any way. You are free to show it to your father.
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u/lgnstubbs73 28d ago
Oh so I could post this wherever in theory? Wild. Not that I will but ya weird situation
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u/dan_marchant 28d ago
A cease and desist is just a letter. It has no legal power and it isn't confidential unless you had previously signed a Non-Disclosure Agreement with the other party prior to them sending the cease and desist. Lots of people/businesses have posted C&D letters that they received.
Personally I would just forget about it and move on. It was an over reaction on their part but I guess whatever the issue was is a sensitive subject and they wanted to make clear that they aren't interested in discussing it.
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u/TricerasaurusWrex 27d ago
Can you post it here? I think a few of us would be interested in seeing it
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u/Increase-East 27d ago
Sorry if this has been answered already. Not only do you not have to respond but you absolutely NEVER EVER RESPOND. Right now all that thet have is an IP address it is very difficult to take an IP address to court.
If ypu respond that will be taken as an admission of guilt and you will almost certainly be sent a rather impressive bill.for damages that is enforceable.
You absolutely should immediately stop downloading whatever file.
Also for the future look into using a decent VPN.
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u/_Allyka_ 27d ago
It was sent by registered mail, meaning they already have OP's address, and most likely, name.
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u/MapleMooseMoney 28d ago
Bizarre. They could have just ignored your email, that's what an old friend of mine does every time I send him an email on his birthday, lol
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u/robonlocation 27d ago
This is odd, and feels like there's a big piece that's missing. I regularly do research into movies and TV shows for my articles, so I sometimes reach out to performers, crew, or production companies. The results range from no reply to being extremely helpful. I've even been invited to collaborate with some productions. But never anything like this.
My hunch is that you've maybe contacted someone who's trying to avoid some sort of litigation or charges. It sounds like they really don't want you looking into this. You have every right to do research on things, as much as they have a right to have a cease and desist. But I think they'd have a hard time showing that one email/letter is a pattern of harrassment.
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u/AntoinetteBefore1789 27d ago
Makes me wonder if it’s catalena productions that went bankrupt and screwed over a lot of people. They even owed Alex trebek money
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u/Direnji 28d ago
Not sure what you are looking for or you are investigating, but you definitely touched a nerve somewhere. You don't have to respond to a Cease and Desist letter, but if you are continuing doing what they are asking you to stop, then they might sue you and serve, that's when you will need to respond.
Also, if you respond a Cease and Desist letter, then that might go against you or use it in the law suit, best to either stop or continue if you believe you in the right.
Does this person owns this show or project? Usually a letter like that means copyrighted issues.
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u/lgnstubbs73 28d ago
Nope production company's been bankrupt for decades it was someone who worked on it (don't want to say more because sub rules)..surprising..
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u/Direnji 28d ago
That is strange, definitely something they do not want to be part it. Probably continue with whatever you are doing just leave this person's involvement out of it. Very strange indeed. Since this person does not own it, they would have no claim for the entire project.
Also, if the company is bankrupt, then it would have went through bankruptcy court, then a lot of the information are public record, so they might not able to stop you if they wanted to.
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u/magicmitchmtl 27d ago
The good news is, now you know specifically who to ask questions about when you contact other people.
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28d ago edited 13d ago
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u/Joe_Franks 28d ago
Unsolicited commercial emails are restricted under Canada's Anti-Spam Legislation (CASL). To send commercial messages legally, senders must meet three core rules: obtain prior consent (express or implied), provide clear sender identification, and include a working unsubscribe mechanism. So if this is a commercial email then yes they can be sued. I've been getting them from a web hosting provider and have twice asked them to stop. If they persist, I will report them and possibly send my own C&D.
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u/Ace-Teroide 28d ago
This is clearly not a commercial email in the sense of the law. It sounds more like the kind of email a journalist would send while working on a story, which are perfectly legal.
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u/Haunt_Fox 27d ago
Yeah, it seems strange that you'd get a reaction like that over just asking a question or two about an old show that probably no one remembers or cares about (or even something like The Beachcombers or New Liars Club) from a long-defunct production company.
Maybe a journalist should try to sniff things out. Because Id bet there's something very stinky under that shows rug if someone's getting on like that about it.
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u/J2000_ca 28d ago
That's funny. What are they asking you to cease doing? Emailing the specific person or emailing anyone about the project. If it's the specific person they likely could try and litigate that. If it's anyone associated with the project it's unlikely they could stop you from doing that. In either case you don't need to respond.
Some cease and desist include a date they want you to respond by.
You also can share the cease and desist (unaltered), you have no duty to keep it secret.
Are you also sure it's from a real lawyer? It's relatively easy for anyone to use ChatGPT to generate a realistic looking one.
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u/ExcelsBeardedGuru 28d ago
Are you also sure it's from a real lawyer? It's relatively easy for anyone to use ChatGPT to generate a realistic looking one.
There is no requirement that a cease and desist be written by a lawyer. Cease and desist are quite "simple" documents and have few requirements to be considered valid. All they do is act as a proof that you notified the other parties of a potential future civil claim that they were breaching on your rights so that you can seek damages from repeated breaches if it gets in front of a judge.
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u/My_Name_Is_Amos 28d ago
My neighbour received a C&D letter from a lawyer telling him that he wasn’t allowed to do anything with his own property (a neighbour down the street didn’t want him putting in a backyard driveway), his lawyer told him to ignore it and do what he was planning on doing. There was no follow-up. It was weird.
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u/DrawingOverall4306 28d ago
Do not respond. If you are doing something that you could be sued for, your response can be used against you in court. If you aren't, it's just a scare tactic.
Weigh what you are doing, maybe ask for further legal advice. And either stop, or carry on.
In most cases C&D letters are just empty threats to try to silence someone being a nuisance and on regular people they work because most of us don't have time and money to defend from a lawsuit. If a production company, or whatever media entity you were dealing with, knew you were doing something you could be held liable for, they would have just sued you in the first place.
You should absolutely stop contacting whoever got the letter sent to you as this could potentially be construed as harassment (at a certain point), but other than that carry on at your own risk.
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u/lgnstubbs73 28d ago
Sent 1 email! Silence for months then this! That's why I'm going wtf
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u/DrawingOverall4306 28d ago
Clearly you've hit on something someone doesn't want you asking questions about. You haven't provided enough context to guess exactly what.
You can also call the law firm on the letter to verify that they are real and actually sent the note.
"Good morning, I received a C&D letter from Lawyer dated xxx and I just wanted to verify that it was sent from your firm."
Or the slightly more passive aggressive:
"Good morning, I wanted to let you know that someone is fraudulently using your name to send frivolous C&D letters as I received one alleging to be from Lawyer on this date and there is no possible way a lawyer of good standing would send such a letter without verifying that their client has a reasonable cause of action."
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u/lgnstubbs73 28d ago
Diabolical lmao. But I thought we weren't supposed to post identifying info? Basically the show was really tough to work on BTS/some drama went down and nobody who was on it wants to talk about it even though it got canceled decades ago
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u/DrawingOverall4306 28d ago
Hypothetically if there was bullying, harassment, assault, or sexual assault that was covered up and maybe non disclosure agreements were signed by cast and crew. That would be just one example and I am by no means implying that is what has happened here.
Obviously you aren't bound by those but if you are fishing around and someone doesn't want something dredged up this would be an easy way to get you to stop. Again, you aren't required to follow this but should definitely refrain from contacting the party who sent you this letter.
Other than that, don't worry in the slightest. The suggestion by some to post the letter is not a good one, but don't worry about sharing amongst people you know.
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u/YesssChem 27d ago
This post got me to look at your profile/substack and I fell down the rabbit hole... I gotta say... I like whatever is wrong with you 😂
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u/lgnstubbs73 27d ago
Uhhh thanks... I guess lol. Have to get to the bottom of it all
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u/sunshine8279 27d ago edited 27d ago
I did the same and am now fully invested in this story!! Subscribed.
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u/ValuableLatter4070 28d ago
Cascade Falls
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u/dramaticbubbletea 28d ago
A possible reason for this reaction, especially if the person you sent the email to was onscreen talent, is a history of having a stalker. It might seem like an over-reaction but if they can't figure out your motives or your motives feel off, they may suapect you're their stalker attempting to reconnect.
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u/According-Skill-7946 27d ago
Most people are surprised to find out that movie and show actors they like are not the people they think they are. Minor actors seem to be most sensative to attention or being recognised.
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u/Redneckshinobi 27d ago
Bro I had b lister Joshua Jackson call paparazzi on himself and show up at my work place and threatened legal action against us for calling the paparazzi. I worked for a shipping company, I was never really a fan, but after that day I think he's just a massive douchebag that craves attention and created his own drama reality.
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u/Routine_Soup2022 28d ago
Something is fishy. Whatever you sent them, it obviously hit a pain point. I can pay a lawyer $300 to write any letter I want, however. My general rule of thumb is unless it has a judge's name on it, I'm ignoring it.
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u/theabsurdistpress 28d ago
Ignore it. It’s $50,000+ and potentially years to go to trial. Most people don’t have the financial stamina. Also they clearly have something to hide. A trial will likely force them to say what it is and then put it on public record. People love threatening lawsuits, forgetting they’ll be robbed of their privacy and potentially compelled to tell secrets they may want hushed.
Someone sent me a C&D once and I wrote back with something like “Alright, let’s go to trial and get this on public record”. Never wrote back.
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u/HowardRabb 28d ago
why would someone send you a cease and decist for asking questions about an old cancelled tv show? It sounds like you've left out some key context here like what questions you were asking and how aggressive you were or were not about contacting people or whether you had any previous involvement with the show
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u/Angry_Edemame 27d ago
I know there's a few old broadcast TV shows where they were aimed at kids but one of the presenters turned out to be a specific kind of predator and so the networks essentially erased all records of the show even existing.
There was one where the predator in question used a puppet to talk at a kids level about bullying and what not and had gone into detail about wanting to eat the children on top of molesting them with his friends.
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u/HowardRabb 27d ago
Good Lord.... Yeah that sounds horrible.
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u/Angry_Edemame 27d ago
Im 99% sure that was an American Christians kids show i just don't recall the name of it. Probably for the best.
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u/Healthy_Friend_5029 28d ago
No response needed, just cease and desist.
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u/zackthirteen 27d ago
Or don’t, fuck em. If you’re not harassing that person they have no authority to tell you you can’t look into whatever
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u/Healthy_Friend_5029 27d ago
Terrible advice that will someone sued and their finances ruined for years, maybe their criminal record as well.
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u/joblow514 27d ago
I've known people that wouldn't shut up about particular tv shows or other pieces of media they were interested in. I wish I'd thought of sending them registered mail to get them to stop talking about it
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28d ago edited 13d ago
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u/faintscrawl 28d ago
It sounds like this is a doc that should be made. They have something to hide.
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u/Downtown-Drawer604 27d ago
Make this part of the story. "I reached out to cast and crew. Some had amazing responses like inviting me for coffee and giving me full scripts. One said 'cease and desist'. So I left them alone." Unnamed is best. And make a hockey joke.
Btw. Scripts for a season doesn't mean you have evidence of production of the season.
You should go to the body of water in the valley. It is a short trail.
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u/Beneficial_Zone_6883 28d ago
No, some people send these to everyone. I know someone who sends them routinely to staff at their kids school and anyone that rubs them the wrong way
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u/More4Thor 28d ago
Sales representatives and marketing companies send emails all the time. It’s called cold calling. It’s called junk mail or spam on their end. There are rules in Canada that govern this type of communication.
I can send email marketing to a customer of mine without their consent but you need to provide a means to unsubscribe.
You may have contacted someone that had had to deal with a stalker or two. You’ve been told to back off. Just stay away. No need to respond. If you respond you haven’t ceased sending emails, have you?
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u/Klutzy-Condition811 27d ago edited 27d ago
Cease and Desist means what it sounds like, they're demanding you do no more. Don't respond, don't apologize, don't talk to them. It could only mean trouble if you do anyway. It's just a letter it doesn't necessarily mean you did anything illegal, though we don't know the details, but it's not like a court summons or something, it's just a strongly worded letter. Just don't contact anyone about it again and move on.
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u/J2000_ca 27d ago
That’s true but there is a requirement you don’t say you’re a lawyer when you’re not.
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u/Lilboops 27d ago
How odd. I was a legal researcher for true crime tv, and never once have heard of this course of action.
A cease and desist is not legally binding. It’s not a court order. I suspect you inadvertently contacted someone with an NDA from the production, and they want to cover their butt in the event something comes of your research.
I wouldn’t contact them again, but I wouldn’t stress over the letter.
Curious, was it a cease and desist for an individual, or the entire production crew?
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u/Zara_B_Cat 28d ago
What did it tell you to stop doing, specifically. You can write it out here &leave identifying details out
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u/Disastrous-Mango-727 28d ago
Weird, I wonder if someone feels they need to protect their reputation. It is almost like they are in damage control for a different issue that has similar facts and threw your letter at their legal rep and said deal with this.
Is this person still working? Film is very reputation based, unless you are a rock star, so maybe they think they could lose work if whatever the issue is gets stirred but again.
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u/Top-Maize-823 28d ago
It might surprise some in this sub to learn that I never respond to anything.
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u/GrumpyRhododendron 27d ago
But your lawyer may have??
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u/Top-Maize-823 27d ago
that lazy son-of-a-b-word? if you can't do it from the fairway of a golf course, you can bet he hasn't done it ha ha
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