Douez v Facebook Gives Existing Class Actions Green Light To Grow Under New Opt-Out Rules

In a previous post we unpacked last year's amendments to BC's Class Proceedings Act, and discussed the consequences of switching from an "opt-in" regime for non-residents to a more plaintiff-friendly "opt-out" one. Now, Douez v. Facebook, Inc., 2019 BCSC 715 [Douez], illustrates how the transition provisions in the new rules allow ongoing proceedings to dramatically expand in scope.

Douez was brought in 2012, alleging that Facebook violated British Columbians' privacy rights by using their names and images in an online advertising program without their knowledge or consent. A class of BC residents was certified in 2014.

While the parties sparred to the Supreme Court of Canada over a forum selection clause, the new "opt-out" regime came into effect. Soon after, Ms. Douez applied to expand her claim by adding residents of Manitoba, Saskatchewan, and Newfoundland and Labrador.