Canadian Privacy Class Actions at the Crossroads

• Author: Lisa Talbot, Molly Reynolds, and Eliot Che
• Pages: 29-46

29

CANADIAN PRIVACY CLASS

ACTIONS AT THE CROSSROADS

Lisa Talbot, Molly Reynolds, and Eliot Che

Abstract: Canadian privacy law, particularly as it relates to

class proceedings, is in its infancy. But this jurisprudential

void is beginning to f‌ill 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 article canvasses the growth of privacy class ac-

tion litigation in Canad a, focusing on the three sources of pri-

vacy class actions — claims challenging business practices,

claims arising 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 reforms.

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