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Federal Court approved a data-breach class settlement, honoraria, and class counsel fees, and allowed objectors a further opt-out opportunity.
The Federal Court stayed a proposed RCMP privacy class action under Pension Act s. 111(2), pending VAC and VRAB decisions on disability pension entitlement.
The Amended Statement of Claim is plain and obviously unsustainable: named committees are not legal entities; section 100 of the Paramedics Act grants statutory immunity that, on the pleaded facts, bars claims against the College Defendants; the Lawyer Defendants owed duties to their client and the ASOC fails to plead material facts necessary to sustain the alleged torts against them; summary judgment is warranted unless plaintiff is permitted to amend and does so by the court deadline.
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The Ontario Court of Appeal largely upheld a Rule 21 motion to strike, but allowed Lucia Derenzis leave to amend her breach of good faith claim against Gore Mutual Insurance Company.
Leave to appeal was granted only on two discrete legal issues that can likely be determined on the pleadings—whether breach of contract and the common law tort of intrusion upon seclusion are disclosed—because early resolution could materially narrow litigation; leave was refused on the class composition issue (inclusion of patients from the second incident) and requests for pre-emptive statutory interpretation or broad legal guidance because the record is undeveloped, the Certification Decision on commonality and preferability was not shown to be doubtful, and the Class Actions Act and trial…
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The court certified additional common issues in this privacy class action and held the amended pleadings adequately alleged breach of contract, honest performance, and disgorgement.
The court dismissed certification of a proposed privacy class action over mall directories, finding no factual basis that facial images or biometric data were recorded or identifiable.
The Federal Court struck a proposed class claim over RCMP radio recordings, dismissed certification, and granted leave to amend only for Marco Vachon.
Appeal allowed because the trial judge decided the wrong legal issues by resolving substantive privacy liability and recognizing a new common law tort at interlocutory stage, failed to balance competing public interests in the abuse of process analysis and neglected to consider less drastic measures (sealing/publication ban); the exclusion order was set aside and the interlocutory application remitted for reconsideration.
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The appeal is dismissed because the motion judge correctly concluded the 2023 action was an abuse of process and an impermissible collateral attack on the final 2013 judgment; the pleaded claims were barred by waiver of privacy and by the immunities enjoyed by witnesses and opposing counsel, and no amendment could cure the fundamental defects.
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