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ARTICLE · 13 SEPTEMBER 2018

Waiver Of Privilege Over Cybersecurity Report

The Ontario Superior Court recently ordered Casino Rama Resort to produce excerpts of reports prepared by a cybersecurity company who investigated a cybersecurity breach.

CanadaLitigation, Mediation & Arbitration

The Ontario Superior Court recently ordered Casino Rama Resort to produce excerpts of reports prepared by a cybersecurity company who investigated a cybersecurity breach. In directing production of portions of the reports, the court found that Casino Rama's use of the reports in opposition to the certification application had resulted in a waiver of privilege.


Proposed class action proceedings

In 2016, Casino Rama suffered a cyberattack. The customers and employees allegedly harmed by the cyberattack initiated a class action against Casino Rama and brought a certification application. The Ontario Class Proceedings Act requires that each party to a motion for certification provide its best information on the numbers of members in the class.

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