Lack Of Evidence Results In Failed Bid For Certification In Privacy Class Action

In our previous blog post found here, we discussed the impact of Atlantic Lottery Corporation Inc. v Babstock, 2020 SCC 19 on class action certification jurisprudence, as urging Courts to take a harder look at proposed class actions, and weed out hopeless claims at certification.

The recent decision of Kish v Facebook Canada Ltd, 2021 SKQB 198 is another example of Atlantic Lottery's impact. In Kish, the Court of Queen's Bench for Saskatchewan refused to certify a proposed privacy breach class action due to a lack of supporting evidence at certification.

Background

In Kish v Facebook Canada Ltd, the Plaintiff sought certification of a proposed privacy breach class action arising from the Facebook / Cambridge Analytica scandal surrounding the 2016 USA presidential election. As described by the Court, the core of the Plaintiff's claim was a breach or invasion of privacy arising from the sharing of Canadian users' personal data with Cambridge Analytica. The