Another Canadian Court Denies Certification Of Cambridge Analytica Class Action

On July 14, 2021, the Court of Queen's Bench for Saskatchewan dismissed the plaintiff's application for class certification in Kish v. Facebook, Inc. [PDF], a putative privacy class action. Justice Keene's reasons address the evidentiary requirement of "some basis in fact" and reinforce that the certification process is a meaningful screening device in privacy class actions.

This decision builds on a series of recent decisions emphasizing the gatekeeping role of the courts at the certification stage of privacy class actions, including the Ontario Superior Court of Justice's decision denying certification in Simpson v. Facebook  and the Court of Queen's Bench of Alberta's decision denying certification in Setoguchi v. Uber B.V.