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.
CCAR 11-1.indb 2910/19/2015 11:49:44 AM
CCAR 11-1.indb 3010/19/2015 11:49:44 AM
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