Federal Court Certifies Action For "Publicity Given To Private Life"

Breaking new ground, the Federal Court recently certified a proposed privacy class action alleging the novel tort of "publicity given to private life" on the condition that the plaintiffs name an identified representative of the class. In John Doe and Suzie Jones v. Her Majesty the Queen, two plaintiffs alleged that Health Canada breached their privacy, leading them to seek certification under pseudonyms to protect their identities. The Court certified for the first time in a Canadian class action the novel claim of publicity given to private life. Recognizing the tension between privacy and the role of class representatives, however, the Court required the plaintiffs to identify a named representative.