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ARTICLE · 06 APRIL 2021

A First In Canada: Class Action Over Loss Of Personal Information Dismissed On The Merits

Borden Ladner Gervais LLP
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On March 26, 2021, the Superior Court rendered a landmark judgment dealing with the loss of personal information, Lamoureux c. OCRCVM, 2021 QCCS 1093.

CanadaLitigation, Mediation & Arbitration

Introduction

On March 26, 2021, the Superior Court rendered a landmark judgment dealing with the loss of personal information, Lamoureux c. OCRCVM, 2021 QCCS 1093. Madam Justice Florence Lucas, J.C.S. dismisses the class action filed by the plaintiff, Danny Lamoureux in its entirety in the first judgment rendered at the merits stage for a matter involving a of loss of personal information in Québec and in Canada.

On February 22, 2013, an inspector working for the Investment Industry Regulatory Organization of Canada (the IIROC) forgot his laptop computer on a train. The missing computer contained certain personal information relating to individuals collected from securities brokers who were under inspection. Despite IIROC's best efforts, the computer was never found.

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