Kaplan v. Casino Rama Services Inc,
2019 ONSC 2025
ABSTRACT
The Ontario Superior Court of Justice has denied certification
of the proposed class in a breach of privacy class action, which
arose out of a cyber-attack against Casino Rama in November 2016.
Justice Belobaba held that "the certification collapses in its
entirety" as a result of the absence of commonality between
the proposed class members, in accordance with s.5(1)(c) Class
Proceedings Act.
BACKGROUND
Casino Rama was the victim of a cyber-attack in November 2016
when a team of hackers took control of the Casino's internal
systems and stole information relating to employees, suppliers and
customers. The hacker demanded a ransom, but Casino Rama did not
concede and the stolen information was posted online. Approximately
11,000 people had some personal information posted on the website
and Casino Rama took adequate procedural steps to inform the
individuals who were affected by the breach. They acted
