Target Acquired On Appeal? Class Action Not Dead Yet

On March 23, 2015, the Superior Court of Québec (per Justice Pinsonnault) granted a motion by Defendant Target Corp. to dismiss a proposed class action related to the 2013 data breach. Justice Pinsonnault dismissed the proposed class action on the grounds that the Courts of Québec lacked jurisdiction.

The Court of Appeal has now overturned the dismissal and sent the matter back before the Superior Court for a determination on the question of whether the class action should be authorized. By decision dated November 6, 2015 (Zuckerman c. Target Corporation, 2015 QCCA 1809), the Court of Appeal (per Justices Bich, Savard and Schrager) ruled that the dismissal for lack of jurisdiction was improper and the motion for authorization must be heard.