To print this article, all you need is to be registered or login on Mondaq.com. In a recent data breach class action decision, the Alberta Court of Queen's Bench ("the Court") refused certification, thereby exercising its important gatekeeping function, on the basis that a class action was not a preferable procedure to litigate a matter in which no member of the proposed Class had suffered harm or a loss arising from the breach. In Setoguchi v Uber B.V., the Plaintiff sought certification of a class action on behalf of users whose personal information was accessed during a third party data breach.