Canadian Privacy Class Actions At The Crossroads

A. INTRODUCTION

Canadian privacy class actions are on the rise, emerging from a wealth of new technologies, novel business practices, and an ever-growing body of jurisprudence south of the border. As privacy class actions find their place in Canadian law, the question is no longer whether or when they will take hold but rather where they are going. This article canvasses the developing jurisprudence surrounding privacy class action litigation in Canada, including the circumstances in which privacy claims arise, issues around harm and damages, and the potential for ongoing influence from American precedents.

B. SOURCES OF PRIVACY CLASS ACTIONS

Privacy class actions largely fall into three categories: (1) claims that challenge a corporation's business practices, (2) claims that arise from accidental breaches, and (3) claims relating to intentional, targeted conduct. The legal and strategic considerations involved in each category of claims will likely differ. For