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Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v...
Recent developments in the privacy class actions space favour businesses facing ongoing risks in maintaining the privacy of individuals’ information collected for business use. While...
Setoguchi v Uber and Simpson v Facebook When widespread data privacy breaches occur, compromised organizations have genuine concern that class action certification is likely to follow. However, two recent decisions illustrate how important it is for claimants to provide sufficient evidence at certification that a class-wide claim for compensable harm actually exists however, the guidance provided by the Supreme Court on what constitutes the evidentiary floor also suggests the merits cannot be wholly ignored. These decisions also illustrate how organizations can mitigate the risk of a success...
The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data breach because there was no evidence of harm or loss.
The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data...