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ARTICLE · 16 AUGUST 2019

Class Action Against Yahoo!: A Data Breach Is Not Always Evidence Of Compensable Loss

On June 10, 2019, in a decision rendered by Justice Chantale Tremblay, the Superior Court of Québec refused to authorize Plaintiff Brigitte Bourbonnière's application for authorization to institute a class action.

CanadaLitigation, Mediation & Arbitration

On June 10, 2019, in a decision rendered by Justice Chantale Tremblay, the Superior Court of Québec refused to authorize Plaintiff Brigitte Bourbonnière's application for authorization to institute a class action. In a 16-page judgment, the Court reaffirmed that plaintiffs have the burden of establishing a prima facie case for the existence of tangible injury and recoverable damages when they apply for authorization of a class action.

On January 31, 2017, an application for authorization to bring a class action against Yahoo! Inc. and Yahoo! Canada Co. (collectively "Yahoo!") was filed on behalf of all persons residing in Québec whose personal and/or financial information was lost by and/or stolen from Yahoo! as a result of data breaches that occurred between January 1, 2013 to the present and all other persons who suffered damages or incurred expenses as a result of these data breaches.

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