Privacy Breach Class Actions in Québec: Key decisions and Recent Developments

Over the years, class actions related to cyber-security incidents have followed a similar formula. A corporate Defendant (such as Yahoo, Equifax, Nissan Canada, Target, Desjardins, Capital One etc.) suffers a cyber-security incident which may have compromised the personal information of its consumers. The corporation then communicates with its consumers to inform them that the breach occurred. From that moment, Plaintiff-side class action firms rush to file applications for authorization to institute a class action on behalf of those individuals whose personal information may have been compromised in the privacy breach. In Québec, only the first firm to file such an application enjoys carriage of the class action. To date, privacy breach class actions filed in Québec have met one of two outcomes: dismissal at the authorization stage or settlement post-authorization. At this time, not one privacy breach class action has been adjudicated on the merits in Québec. Accordingly, no reported… Lire la suite