ARTICLE · 27 FEBRUARY 2015

Quebec Superior Court Authorizes National Class Action For Damages Arising From Lost Personal Data

Norton Rose Fulbright Canada LLP

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TD Auto Finance Services (formerly DaimlerChrysler) shipped a data tape by commercial courier from its US office to Quebec.

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In a judgment that maintains the liberal trend in authorizing class actions in Quebec, a trend reinforced by the Supreme Court decisions in Infineon Technologies (2013) and Vivendi (2014), the Superior Court of Quebec recently authorized (certified) a class action potentially comprising some 240,000 members across Canada.¹

TD Auto Finance Services (formerly DaimlerChrysler) shipped a data tape by commercial courier from its US office to Quebec. The tape contained the name, address, social insurance number and birth date of Canadians who had financed a car purchase through DaimlerChrysler. Though the tape could only be read using specialized equipment, the data was not encrypted. DaimlerChrysler also had not advised the courier that the tape contained personal information.

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