Free Cease & Desist Letter

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Create Your Free Cease & Desist Letter

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  2. Email, download or print instantly
  3. Just takes 5 minutes

Cease & Desist Letter

Create your free Cease & Desist Letter


Create your free Cease & Desist Letter



Frequently Asked Questions
What is a Cease and Desist Letter?A Cease and Desist Letter is a letter that requests that an individual or organisation stop a specified action and refrain from doing it in the future, with a threat of legal action if the recipient fails to comply. Anyone can send a Cease and Desist Letter.

A Cease and Desist Letter is different than a Cease and Desist Order, which is an order given by a judge to stop an illegal activity.
What is the “Debt Collection” letter used for?The Debt Collection letter is used to stop Debt Collectors from inappropriately harassing you. What is the “Copyright Infringement” letter used for?The Copyright Infringement letter is used to demand that an individual or organisation stops infringing on intellectual rights of your copyrighted work.What is Copyright infringement?Copyright infringement is a violation of the rights granted to the holder of a copyright.

A copyright holder has the following exclusive rights:

*To produce and sell copies of the original work.
*To create derivative works (works based on the original).
*To display or perform the work publicly.
*To sell or assign the above rights to others.

When individuals or organisation do any of the above without the permission of the copyright holder, they are committing copyright infringement.
What is the “Trade-Mark Infringement” letter used for?The Trade-Mark Infringement letter is used to demand that an individual or organisation stops violating your Trade-Mark rights.What is Trade-Mark infringement?Trade-Mark infringement is a violation of the rights granted to the holder of a Trade-Mark.

A Trade-Mark refers to a mark or name used by a person for the purpose of distinguishing goods or services offered by that person from those offered by others. This is an exclusive right.

A Trade-Mark infringment occurs when another person or group uses that mark or name, without permission or in a way that violates this exclusive right. The infringing mark or name needs not be an exact match to the Trade-Mark.
What is the “General” letter used for?The General letter is used to demand that an individual or organisation ceases an action or behaviour. The General letter can be used to demand the cessation of the following:

*Harassment
*Stalking
*Libel
*Slander
*Property, boundary and neighborhood disputes.

The General letter format can also be used for cases of debt collection, copyright infringement or trademark infringement. However, the Trade-Mark, Copyright Infringement and Debt Collection letters are more specifically suited for those specific purposes.


Your Cease & Desist Letter

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______________________, AB, __________


________________ ____, ________

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______________________, AB, __________

Ref No: __________

Dear ______________________:

Canada's Office of Consumer Affairs has provided a Harmonized List of Prohibited Collection Practices, revised April 25, 2003, (the "Prohibited Practices") that provides a minimum level of restrictions on collection agents and protections for Canadian consumers from collection agents. Any restrictions and protections contained in the Collection and Debt Repayment Practices Regulation under the Fair Trading Act, RSA 2000, Chapter F-2, that are greater than the Prohibited Practices are also applicable to any collection activities between you and myself for the account.

The remainder of this document will be available when you have purchased a licence.

What is a Cease and Desist Letter?

A Cease and Desist Letter is a document requesting a person or organization to stop a specific action and to not do it again in the future. The letter usually states that if the party fails to comply, they may face legal action.

A Cease and Desist Letter is also known as a cease and desist notice.

Who can send a Cease and Desist Letter?

Anyone can send a Cease and Desist Letter. However, it may be a good idea to have a lawyer review the letter before delivering it in case the situation ever ends up in court. The letter also makes it more difficult for the recipient to claim ignorance of any wrongdoing.

How do I write a Cease and Desist Letter?

1. Provide both parties’ information

Provide the personal information for both you and the recipient, including:

  • Name
  • The type of party (an individual or company)
  • The city and address
  • Postal code

2. Select the letter type

LawDepot’s Cease and Desist Letter template allows you to create four different types of letters.

Debt Collection letter

Use a Debt Collection letter to stop debt collectors from inappropriately harassing you.

Debt collectors sometimes use aggressive practices with debtors such as threatening language or constant calls at odd hours.

You can use a Cease and Desist Letter to request that a debt collector only contact you in writing or through your legal advisor if you believe they’re harassing you. You can also state that you don’t want them to contact you at your place of employment.

The debt is considered in dispute if the creditor and debtor don’t agree on the debt’s existence or amount.

Copyright Infringement letter

Use a Copyright Infringement letter to demand that an individual or organization stop infringing on the intellectual rights of your copyrighted work.

Copyright infringement is when an unauthorized party reproduces, plagiarizes, performs, or publicly displays the copyrighted work without the copyright owner’s permission.

Provide the name of your original work, when and where it was published, and the infringing work's name in your Cease and Desist Letter. It also helps to provide examples of direct copying or unfair use of your work.

A copyright holder has exclusive rights to:

  • Produce and sell copies of the original work
  • Create derivative works (works based on the original)
  • Display or perform the work publicly
  • Sell or assign the above rights to others

In Canada, copyrights last the lifetime of the creator plus 50 years.

Copyright laws in Canada are governed by the Copyright Act.

Trade-Mark letter

Trade-mark infringement is when a person or company uses your trade-marked work without your permission.

A trade-mark is intellectual property in the form of a word, phrase, logo, or symbol that you have registered and own the exclusive rights to use.

State the name of your trade-mark and where the infringement occurred in your Cease and Desist Letter. Provide the trade-mark registration number if your trade-mark is registered. Otherwise, give the year the trade-mark was first used.

Provide as many examples of the trade-mark infringement as you can to help the recipient of the letter understand their error so they can quickly fix the problem.

General letter

Use a General letter to demand that an individual or organization stop an action or behaviour. Examples of unwanted behaviour include:

  • Harassment
  • Stalking
  • Libel
  • Slander
  • Property, boundary, and neighbourhood disputes

Slander and libel are forms of defamation. Defamation is an untrue statement presented as a fact that hurts a person or company’s character or reputation.

Libel is an untrue statement with a permanent record, such as writing or a web post, while slander is an untrue statement that does not have a permanent record, such as a spoken false statement.

LawDepot’s Cease and Desist Letter template allows you to notify the recipient of your intent to record future telephone conversations and keep a log of any contact with the recipient after they receive the letter. You can also inform the party that you intend to file suit if they don’t meet your demands.

It’s legal to record a telephone conversation in Canada as long as one of the conversation’s participants knows the call is being recorded.

3. Date your letter

The final step in LawDepot’s Cease and Desist Letter questionnaire allows you to date your letter. Provide a specific date if you wish to include one, otherwise select the “unsure” option.

Dating your Cease and Desist Letter reduces the chance of confusion regarding the dispute's timeline of events.

Is a Cease and Desist Letter enforceable in Canada?

A Cease and Desist Letter isn’t legally enforceable because it isn't court-ordered. Therefore, the recipient doesn't have to comply with the demands of the letter. However, it can act as a firm warning to the other party that you are taking the matter seriously.

A Cease and Desist Letter is different from a cease and desist order, which is an order with legal power given by a judge to stop illegal activity.

How do I deliver a Cease and Desist Letter in Canada?

There are many ways to deliver a Cease and Desist Letter. Keep a record of the method you choose so you can prove the letter was likely received.

If possible, you should use certified or registered mail to ensure that the recipient receives the Cease and Desist Letter. It may take longer to get a response from the recipient, but it’s a secure method that allows you to track the delivery process.

You can also use a process server to deliver the letter in person for a fee if you need to deliver it fast and the recipient is in the same location. The process server will provide an affidavit of service or its equivalent upon delivery.

You can also send a Cease and Desist Letter through email.

Related Documents:

  • Affidavit: Make a written statement under oath.
  • Confientiality Agreement: Protect sensitive information exchanged between parties by prohibiting its disclosure to others.
  • Demand Letter: Request a payment or action from a recipient to resolve an issue.
  • Letter of Intent: Create a letter that outlines a mutual understanding of a future agreement.
  • Release/Waiver Agreement: Create an enforceable agreement where a party promises not to pursue a legal claim in exchange for money or other compensation.
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