Citation: 2022 FC 1228
RHE Lawyers Successful in obtaining Certification in the Federal Court on CRA Privacy Breach Class Action
On August 25, 2022 the Federal Court granted the Plaintiff’s certification application in the CRA/CERB privacy breach class action. RHE lawyers Tony Leoni and Matthew Burtini argued the certification hearing, which concerned unauthorized of a number of Government of Canada online portals in 2020. The Plaintiff’s allegation was that due to operational failures by the government to properly secure the online portals, bad actors were able to access a large number of personal accounts, leading to data breaches, financial harm, and mental distress.
Over the last few years, there have been conflicting decisions at the certification stage with respect to the potential liability of “database Defendants” for claims relating to negligent conduct in securing online portals. This decision is consistent with previous decisions from the Federal Court, British Columbia Courts and some Ontario judges, and confirms that on a pleadings analysis, there can be a cause of action against a Defendant for failing to secure databases even where there is a third party bad actor is involved.
The full decision of Mr. Justice Southcott can be found here.
Although certification is not a determination of the merits of the action, the decision is an important first step in holding the Defendant accountable. If you have not yet registered with RHE, please fill out the form here. We will provide the class with further updates when any material developments occur.