Canadian Privacy Class Actions at the Crossroads

AuthorLisa Talbot, Molly Reynolds, and Eliot Che
Lisa Talbot, Molly Reynolds, and Eliot Che
Abstract: Canadian privacy law, particularly as it relates to
class proceedings, is in its infancy. But this jurisprudentia l
void is beginning to f‌i ll as an abundance of privacy class ac-
tions proceed through Canadian courts. These class actions
are emerging as a result of new technologies and business
practices, as well as jurisprudence developing in the United
States. This art icle canvasses the growth of privacy cla ss ac-
tion litigation in Canad a, focusing on the three sources of pri-
vacy class actions — claims challenging business practices,
claims ar ising from accidental breaches, and claims relating
to targeted conduct — and issues around harm and damages
in light of recent American precedents and Canadian statu-
tory refor ms.
CCAR 11-1.indb 29 10/19/2015 11:49:44 AM
CCAR 11-1.indb 30 10/19/2015 11:49:44 AM

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