Annoying Ain't Enough: Moral Damages In The Context Of Security Or Data Breaches

In early 2013, an employee of the Investment Industry Regulatory Organization of Canada, the national self-regulatory organization which oversees all investment dealers and trading activity on debt and equity in the Canadian marketplace ("IIROC"), lost an unencrypted USB drive containing confidential and personal data of approximately 50,000 customers of its dealer members (the "Security Breach").

Superior Court: “Inconveniences” of Security Breach Not Compensable

Further to the Security Breach, petitioner Paul Sofio ("Sofio") instituted a motion for the authorisation to bring a class action before the Superior Court of Québec (the "Motion for authorization") alleging that the Security Beach constituted a civil fault that resulted in damages for the purported members of the class, including himself. On August 20, 2014, Justice André Prévost dismissed the Motion for authorization finding that Sofio did not meet the "arguable case" criterion set out at article