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ARTICLE · 28 FEBRUARY 2024

Proposed Privacy Class Action Fails (Again) To Meet Test For Intrusion Upon Seclusion

A recent decision of the Court of Appeal for Ontario upholding a decision denying certification of a data breach class action continues...

CanadaPrivacy

A recent decision of the Court of Appeal for Ontario upholding a decision denying certification of a data breach class action continues the trend of proposed privacy actions failing to cross the preliminary certification hurdle.

Background

In Del Giudice v. Thompson, 2024 ONCA 70, the Court of Appeal upheld the motion judge's decision striking out the claim without leave to amend and dismissing the certification motion against the defendant financial institution and defendant online wholesaler. In this case, an employee of one of the online wholesale, which provided services to the financial institution, allegedly hacked into a database containing personal and financial information collected by the financial institution from credit card applicants and stored in a cloud server. The alleged data breach impacted over 106 million people, including 6 million Canadians. The plaintiffs commenced a proposed class action against the former employee, the

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