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ARTICLE · 29 NOVEMBER 2019

Kaplan v Casino Rama: Lessons For Consumers And Businesses

MLT Aikins LLP
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In May of 2019, Justice Belobaba of the Ontario Supreme Court of Justice issued his decision in Kaplan v Casino Rama, 2019 ONSC 2025 ("Kaplan"),...

CanadaPrivacy
Nathan Schissel
Nathan Schissel
Kristél Kriel
Kristél Kriel
Jeremy Barber
Jeremy Barber
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In May of 2019, Justice Belobaba of the Ontario Supreme Court of Justice issued his decision in Kaplan v Casino Rama, 2019 ONSC 2025 ("Kaplan"), concerning an application to certify a class action lawsuit. The decision raises important legal questions about consumers' ability to recover damages when their personal information is made publicly available, and businesses' exposure to liability following data breaches.

The Lawsuit

In 2016, a data breach occurred involving Casino Rama, a large casino operated by CHC Casinos Canada Limited under an agreement with the Ontario Lottery and Gaming Corporation. The data breach affected approximately 11,000 consumers who had used Casino Rama's various services. Hackers responsible for the data breach attempted to hold the personal information for ransom, demanding payment in exchange for the hackers' promise that the data would not be published. Casino Rama made no payments and a large volume of personal information was

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